UPDATE:
(April 2, 2026) IFMK Law received a favorable IWCC Decision and Opinion on Review unanimously affirming the June 13, 2025 Arbitration Decision we reported on June 20, 2025. Original case information below:
In a recent workers’ compensation arbitration before the Illinois Workers Compensation Commission (IWCC), IFMK secured a favorable decision potentially saving our client over $1 million. Petitioner was injured in 2014 when he was struck on the head at work; He initially returned to work for a month but then claimed ongoing cognitive and mental health issues stemming from an alleged traumatic brain injury—despite negative CT and MRI scans. Petitioner has never returned to work for IFMK’s client since 2015.
At trial, Petitioner sought 57 6/7 weeks of TTD (already paid prior to trial) plus 503 weeks of maintenance and permanent total disability (PTD) benefits for life. While the employer did not dispute the accident, Respondent challenged the alleged long-term symptoms and conditions as well as the extent of the disability. Thousands of pages of medical records and numerous depositions were presented into evidence along with the Petitioner’s testimony.
The IWCC Arbitrator agreed with IFMK and our client’s position, finding Petitioner sustained a mild head trauma-- not a traumatic brain injury--, that fully resolved by July 21, 2015. Petitioner’s claims for benefits after that date, including the claim for PTD, were denied. In the decision, the Arbitrator observed the petitioner showed no cognitive deficits during testimony regarding years of symptoms and treatment and attributed any minor complaints of forgetfulness to age-related factors.
The Arbitrator awarded only treatment costs and TTD that had already been paid and PPD for 10% loss of use of the whole person (approx. $36,000). Claims for post-MMI treatment, 10 years of maintenance, and PTD, potentially totaling more than $1million, were denied.