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Arbitration Success For Injured School Bus Driver

August 25, 2020

Ankin Law attorney Scott Goldstein successfully argued before the Illinois Workers’ Compensation Commission on behalf of a school bus driver who injured her shoulder at work. The driver’s injury grew out of the repetitive action of manually opening and closing the school bus door. Her injuries required her to miss work and incur medical bills. She is also in need of surgery to repair the damage to her right rotator cuff.

Read the official Arbitration Decision here.

The disputed case resulted in a positive outcome for the driver as she was ultimately awarded temporary total disability, payment of medical bills, and a calculation of $407.68 as her average weekly wage. She was also awarded prospective medical care as prescribed by the doctor in the form of arthroscopic right shoulder surgery for her right rotator cuff injury and all reasonable and necessary post-operative care.

 

Below is a brief excerpt from the Arbitrator Decision:

Regarding the issue of temporary disability, the Commission affirms the award, but modifies the amount to reflect the Commission’s recalculation of the average weekly wage. Accordingly, the Commission modifies the average weekly wage calculation to $407,68 as calculated by Respondent:

In all other respects, the Commission affirms and adopts the Decision of the Arbitrator.
IT IS FOUND BY THE COMMISSION that Petitioner proved she sustained an accident arising out of and in the course of her employment with Respondent on October 10, 2018.
IT IS FURTHER FOUND BY THE COMMISSION that Petitioner proved her current condition of ill-being is causally connected to the accident.
IT IS THEREFORE ORDERED BY THE COMMISSION that Respondent is liable to pay Petitioners outstanding reasonable and necessary medical expenses to Dr. B. and .. Physicians Immediate Care, pursuant to the fee schedule and $$8(a) and 8.2 of the Act.

IT IS FURTHER ORDERED THAT Petitioner is awarded prospective medical care as prescribed by Dr. B
in the form of arthroscopic right shoulder surgery for Petitioner’s right rotator cuff injury and all reasonable and necessary post-operative