Ankin Law attorney, Scott Goldstein once again came to the assistance of an injured worker as he secured shoulder surgery and temporary total disability benefits for an injured truck driver. The injured man was working at his job as a City of Chicago Public Library truck driver when he slipped and fell while unloading books at a Chicago library. The fall injured his right shoulder. After many doctor appointments, treatments and much pain his doctor prescribed a total shoulder replacement surgery. The city of Chicago declined to pay for the surgery. After going to arbitration with Scott Goldstein by his side the injured driver was able to receive a fair and successful settlement.
The driver will receive:
- Temporary total disability benefits of $1,144.62/week for 33 4/7 weeks
- Payment of outstanding reasonable and necessary medical services
- The City of Chicago will authorize and is liable for prospective medical treatment including a right total shoulder replacement
[Read the Full Arbitrator Decision Here]
The driver has been employed by the City of Chicago as a Motor Truck Driver in the Public Library Department since approximately November 12, 2014. He testified that prior to April 6, 2023, he had never experienced right shoulder pain, sought treatment for his right shoulder, or had any limitations affecting his ability to work full duty. His regular work schedule was Monday through Friday from 6:00 a.m. to 2:30 p.m. As part of his duties, he drove a Ford F-750 box truck transporting containers of books between library locations.
He testified that his work duties involved significant physical labor. He regularly used a dolly to move bins of books, loading them onto the truck at shoulder height and sometimes above shoulder level. He spent approximately three to four hours per shift loading bins and the remainder of the day driving and delivering materials. He performed these duties alone without assistance from coworkers or library staff. Although the bins were supposed to have a 35-pound weight limit, he said that he did not weigh the bins himself and observed that some bins felt significantly heavier than others.
On the date of the accident, while working at the loading dock of the Harold Washington Library Center, he slipped and fell due to an unsecured temporary dock plate. During the fall, he landed on his right side, with the outside of his right shoulder striking the ground first, while attempting to brace himself by turning left and extending his left hand. He completed his shift that day but three days later sought medical treatment for pain in his right shoulder and hip.
