Illinois Attorney Prevails in Contested Illinois Workers’ Compensation Knee Injury Claim
Chicago Attorney Dana Djokic represented an Illinois cleaning contractor for an International Airport in a disputed workers’ compensation arbitration before Arbitrator Jacqueline Hickey of the Illinois Workers’ Compensation Commission.
The claim was filed by Claimant, an employee of our client, who alleged a significant right knee injury arising from a workplace accident that required ongoing medical treatment and arthroscopic surgery. Claimant was diagnosed with a right knee contusion by an occupational health clinic after a large gondola containing trash struck her knee. Throughout her treatment at an occupational health clinic, all special tests, including testing for meniscus tears performed by physician assistants and a physician, were consistently negative. At her fourth visit to the clinic, Claimant reported that she was doing much better and she was able to walk normally. Examination revealed normal range of motion and strength in her right knee, and she was discharged from care and deemed fit for duty without restrictions. Despite her release, Claimant later sought additional treatment and alleged that her ongoing knee condition and recommended surgical treatment were causally related to the workplace accident. Those disputed allegations brought the matter before the Arbitrator.
Litchfield Cavo’s counsel demonstrated that Claimant’s work-related injury was limited to a temporary knee contusion that was resolved within weeks of the accident through conservative treatment. Claimant had reached maximum medical improvement and was released to unrestricted work. Through the testimony of the defense medical expert, defense counsel also established that subsequent MRI findings, ongoing symptoms and recommended arthroscopic surgery were unrelated to Claimant’s workplace accident.
The Arbitrator agreed, finding that Claimant failed to establish a causal connection between the workplace accident and her subsequently diagnosed medial and lateral meniscus tears. The Arbitrator concluded that the compensable injury had resolved by June 24, 2019, when Claimant reported improvement in her right knee. The Arbitrator denied Claimant’s request for prospective medical treatment, including recommended knee surgery, found the employer was not responsible for a significant portion of the claimed medical expenses, and limited temporary total disability benefits (TTD) to less than two weeks.
Claimant’s recovery was limited to medical expenses incurred during her initial course of treatment, 1 6/7 weeks of temporary total disability benefits, and 10% loss of use of the right leg, significantly reducing the employer’s exposure to future medical treatment and indemnity benefits. The Arbitrator’s award was less than what was offered to Claimant in settlement prior to arbitration.
Dana has extensive experience practicing before the Illinois Workers’ Compensation Commission. Her legal career includes representing a national insurance company and its insureds in all aspects of workers’ compensation defense—from initial evaluation through arbitration and appeal. Dana’s representative clients have included national retail stores, hotel and hospitality entities, manufacturing facilities, HVAC and construction companies, and landscaping businesses.