Majority Partner James Clayborne Jr. announced that Clayborne, Sabo and Wagner LLP will open a Chicago office in February.
The location will be in downtown Chicago near the Cook County Courthouse. According to Mr. Clayborne the decision to open a Chicago location was driven by requests from the Firm’s clients located in the Chicago and northern Illinois area. The location of the new office will be made public soon.
Partner Jay Dowling of Clayborne, Sabo and Wagner LLP successfully represented a business client in an eminent domain lawsuit in St. Clair County, Illinois.
The issue tried to the jury was the compensation Mr. Dowling’s client would receive for the loss of a portion of its property for a government improvement project. The government argued that the business was only entitled to receive about $250,000. Mr. Dowling argued that his client should receive about $730,000. During the trial Mr. Dowling attacked the comparable property used by the government’s expert witness during the trial and was successful when establishing the value of the loss. The jury returned a verdict for the business for $700,000. Mr. Dowling is the author of chapters on easements and condemnation proceedings in publications by the Illinois Institute of Continuing Education on real estate.
Petitioner, a police officer, claimed injuries to his back, neck, knee, hip, and arm following two (2) different incidents, including an altercation with a suspect and a slip and fall. Petitioner’s treating physicians stated that all of the various injuries were caused and/or aggravated by these two (2) incidents. The orthopedic surgeons recommended evasive treatment, including pain management injections and surgical intervention on multiple body parts. Employer, represented by Jennifer Barbieri of Clayborne, Sabo, & Wagner, LLP, denied causal connection for these alleged injuries and treatments, in reliance upon its own experts’ opinions. The Arbitrator found that Petitioner did sustain injuries and/or aggravations of his pre-existing conditions and ordered Respondent to authorize all recommended treatment. Respondent appealed this decision.
On appeal, the Illinois Workers’ Compensation Commission agreed with Respondent’s counsel, Jennifer Barbieri, that Petitioner failed to prove that his current condition of ill-being for all the different body parts were causally related to the two (2) work incidents. The Commission found that Respondent was not liable for any medical treatment beyond the initial treatment sought up to three (3) months after the first incident. The Commission agreed that Respondent was not liable for any of the multiple surgeries recommended by the treating orthopedic surgeons. The Commission reversed the Arbitrator’s decision on causal connection, TTD benefits, medical benefits, and future medical treatment, and remanded the matter back to the Arbitrator for further proceedings consistent with its decision.
The employee then sought a review of the Commission’s decision in the Circuit Court for St. Clair County, Illinois. The Circuit Court agreed with Ms. Barbieri’s arguments and affirmed the Commission’s decision for the employer.
The employee then sought a review of the Commission’s decision in the Appellate Court of Illinois. Following oral argument, the Appellate Court of Illinois Fifth District Workers’ Compensation Commission Division issued a 31 page decision affirming the decision for the employer. Specifically, the Appellate Court found that the Commission’s decision that the employee exceeded his allotted choice of physicians under the Workers’ Compensation Act was neither contrary to law nor against the manifest weight of the evidence. The Appellate Court also found that the Commission’s causal connection findings with respect to employee’s two work-related accidents were also not against the manifest weight of the evidence. Ms. Barbieri of Clayborne, Sabo & Wagner, LLP saved the employer about $1 million in worker’s compensation benefits. Franklin v. City of East St. Louis.
John Sabo has joined the Federal Bar Association as a member. He is admitted to practice in the Seventh and Eighth U.S. Circuit Courts of Appeal and the Central and Southern U.S. District Courts of Illinois and the Eastern and Western U.S. District Courts of Missouri. Mr. Sabo has also been admitted pro hoc vice in U.S. District Courts in Arkansas and Iowa.
Petitioner, a custodian worker for Respondent for over 20 years, claimed he sustained injuries to his bilateral hands and arms as a result of his repetitive job activities. Petitioner demanded that Respondent authorize surgery for his carpal and cubital tunnel conditions. Respondent denied the claim with Clayborne, Sabo & Wagner attorney Jennifer Barbieri arguing that Petitioner’s job duties were not repetitive and did not contribute to the development of Petitioner’s injuries. The Arbitrator agreed with Ms. Barbieri’s position and the evidence put forth on behalf of the employer in ruling that Petitioner failed to prove that he sustained a work-related accident and that he failed to prove that his current condition of ill-being was related to the alleged accident. The Arbitrator continually relied on Ms. Barbieri’s cross-examination of both the Petitioner, as well as Petitioner’s treating surgeon, as the evidence upon which her decision was based. All benefits were denied. Utley v. Cahokia School District #187.
Tylen Brazil has joined Clayborne, Sabo and Wagner LLP as a real estate paralegal. She has a Bachelor’s Degree from Southern Illinois University and work experience in real estate acquisition and handling of real estate transaction documents.