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.