When a snow plow driver employed by the City of Chicago’s Department of Aviation sustained a work-related right hip injury he turned to Scott Goldstein at Ankin Law to secure the benefits he deserved. On the night of the accident the city employee of almost 32 years was performing snow removal duties at Chicago’s O’Hare International Airport during a snow emergency. He injured his hip as he exited his work truck at a nearby 7-Eleven while on break. As he stepped down onto the truck’s snowy, wet steps, he slipped and twisted his right leg. He reported the injury and the hip and groin pain to his supervisor that same day.
As conservative treatment failed he experienced worsening pain and difficulty walking. Hip specialists recommended a right total hip replacement but the recommended surgery was not authorized by his employer. As a result, he has not undergone surgery and continues to experience significant pain. He wishes to proceed with the procedure so he can return to work.
The case was made somewhat difficult since the injury occurred in a 7-Eleven parking lot while on break from his job duties. Scott Goldstein had to establish through cross examination of the defense witness (shift supervisor) that the plow driver was specifically authorized to be at the 7-11 for a bathroom break. Having done that, Goldstein was also able to show that the driver was at 7-11 to purchase a cell phone charger as well, which he needed as a means of communication with his supervisor during the snow emergency.
In the end the arbitrator ruled favorably for the injured snow plow driver and awarded him:
- Medical Bills incurred in the amount of $17,692.48
- Temporary Total Disability benefits at the rate of $1,393.97 per week for 56 6/7 weeks
- Hip replacement surgery and all reasonable and necessary preoperative and postoperative medical care associated with the surgery
[Read the full Arbitrator Decision here]
____________________
Below you will find a brief summary of the City’s witness testimony; key issues in the case; and a summary of the arbitrator’s order (taken from the full Arbitrator Decision):
Respondent’s Witness Testimony:
Respondent presented testimony from the claims adjuster and the injured man’s supervisor.
Claims Adjuster: Confirmed that Petitioner reported injuring himself while stepping out of his work truck and stated that it was snowing and the truck steps were wet.
Supervisor: Confirmed that he approved Petitioner’s break at the 7-Eleven, that the location was along Petitioner’s assigned snowplow route, and that Petitioner reported the injury on the date it occurred. Harris also confirmed that Petitioner properly communicated when taking his break and when returning to work. Although Harris did not specifically recall the weather conditions that day, he testified that snow removal crews would have been working under some type of weather alert.
Key Issues in the Claim:
The evidence primarily concerns the following issues:
Occurrence of a work-related accident: Whether the driver’s slip and twisting injury while exiting his work truck occurred in the course of his employment during an authorized break along his assigned snowplow route.
Causal relationship: Whether the December 11, 2024, accident caused or aggravated the driver’s preexisting right hip avascular necrosis, resulting in his current symptoms and need for hip replacement surgery.
Medical treatment and authorization: Whether the driver is entitled to the recommended right total hip replacement and related treatment, which the City of Chicago has not authorized.
Disability and work capacity: The extent to which driver’s right hip condition affects his ability to work, given his period of temporary removal from work, subsequent return to full duty, and continuing symptoms.
Overall, the driver’s claim rests on testimony corroborated by his supervisor and claims adjuster regarding the accident and prompt reporting, together with medical opinions attributing the aggravation of his preexisting avascular necrosis to the work incident. The central medical issue is whether the accident materially aggravated the preexisting condition and necessitated the recommended right total hip replacement.
Summary of the Arbitrator’s Order:
The Arbitrator awarded the injured snow plow driver medical benefits, prospective medical care, and temporary total disability (TTD) benefits under the Illinois Workers’ Compensation Act.
