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Brien DiNella Represents Convenience Store Slip & Fall Client In Arbitration

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Ankin Law attorney, Brien DiNella was able to help a convenience store worker receive permanent partial disability benefits that were over twice the amount offered in pretrial by the store. The 26-year-old woman was working for Speedway LLC as a customer service representative when she slipped on ice near the back entrance of the store. She immediately felt pain in her ankle and could not get up. She testified before the Illinois Workers’ Compensation Commission and during the arbitration hearing she said that someone reported the incident to co-workers inside the store, and she was subsequently picked up, brought into the store, and her manager was notified.

She reported to Physicians Immediate that same day and an X-Ray revealed an unspecified fracture of the lower end of the right tibia. She was given restrictions for seated work only. A few days after the accident she reported to Swedish Hospital’s emergency room, due to the pain she was experiencing. The hospital noted that she had a closed fracture of the distal end of the right tibia with routine healing and unspecified fracture morphology. After that visit, she was referred to an orthopedic physician. After more doctor visits, various pain medications, and physical therapy she was advised to have surgery on the ankle. The surgery was a right ankle arthroscopy with extensive debridement and Open Bostrom/Gould lateral ligament repair.

After a review of the facts, the arbitrator ruled that Speedway LLC would pay all reasonable and necessary medical services and Temporary Total Disability Benefits in the amount of $277.57 for a period of 35 weeks. In addition, she will receive permanent partial disability benefits of $253.00/week for 58.45 weeks, because the injuries sustained caused a 35% loss of use of the right foot.

(Read the full Arbitrator Decision below)

Below is a relevant excerpt from the Statement of Facts in the arbitrator decision:

Petitioner, (Hereinafter referred to as “Petitioner”) is a 26-year-old woman who worked for Speedway, LLC (hereinafter referred to as “Respondent”) as a customer service representative. Petitioner testified that on an average day while working for the respondent she would work on the register, move trash outside, sweep, mop, clean bathrooms, and organize product throughout the store. Petitioner additionally testified that she had a high school education and had previously been employed at a Chrysler plant.

Petitioner testified that on January 30, 2019, at around 10:00 am, she parked behind the gas station, and exited her car. She was approaching the back entrance of the store when she slipped on ice near the entrance. The petitioner noted that she immediately felt pain in her ankle and could not get up. Petitioner testified that someone reported the incident to co-workers inside the store, and she was subsequently picked up, brought into the store, and her manager was notified.

Her manager told her that she had to call the “speedway nurse” and report the injury. She stated that she spoke with the nurse for two hours then was told to report to Physicians Immediate Care.

Petitioner reported to Physicians Immediate care on January 30, 2019. An X-Ray revealed an unspecified fracture of lower end of right tibia. Petitioner was given restrictions for seated work only and through February 6, 2019. Petitioner testified that the respondent was unable to accommodate these restrictions.

Petitioner then testified that a few days after the accident she reported to Swedish Hospital’s emergency room, due to the pain she was experiencing. The records of Swedish American Hospital note that she had Closed fracture of distal end of right tibia with routine healing, unspecified fracture morphology, and that petitioner was referred to an orthopedic physician.

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