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Chicago Department of Forestry Worker Awarded TTD and Surgeries

March 19, 2021

Attorney, Scott Goldstein of Ankin Law Office represented a City of Chicago Department of Forestry employee who suffered a series of injuries while on the job. He lacerated his left index finger while cutting a tree, he injured his left rotator cuff when his saw got stuck, he injured his neck and left thumb when his bucket suddenly dropped, and he twisted his right knee while stepping over branches.

Mr Goldstein was able to see that the employee (petitioner) received temporary total disability, medical benefits of $33,120, surgery for his knee and back, and coverage of prospective medical care.  Mr Goldstein also ensured that the City of Chicago paid penalties for how they handled the petitioners case.

This arbitration decision was appealed by the respondent and in January of 2021, the Commission affirmed the arbitrator’s decision almost in totality. Some of the penalties awarded on medical bills were adjusted.

Read the most recent Illinois Workers’ Compensation Commission decision here.

Below is a summary of the Arbitrator Order taken from the 2021 Illinois Workers’ Compensation Commission decision:

ORDER

Medical benefits

Respondent shall pay reasonable and necessary medical services of $33,120.19, as provided in Section 8(a) of the Act.

Respondent shall pay reasonable and necessary medical services, pursuant to the medical fee schedule, of $33,120.19

Respondent shall pay reasonable and necessary medical services of $33,120.19, as provided in Sections 8( a) and 8.2 of the Act.

Respondent shall be given a credit of $0.00 for medical benefits that have been paid, and Respondent shall hold petitioner harmless from any claims by any providers of the services for which Respondent is receiving this credit, as provided in Section 8() of the Act.

Temporary Total Disability

Respondent shall pay Petitioner temporary total disability benefits of

(1) $920.57 for dates 3/14/14 to 3/20/14 for a period of 1 week,

(2) $943 .7 2 for dates 6/4/15 to 12/23/16 for a period of 81 2/7 weeks, and

(3) $978.67 for dates 4/5/17 to 10/4/19 for a period of 130 3/7 weeks as provided in Section 8(b) of the Act.

Respondent shall pay Petitioner the temporary total disability benefits that have accrued from 3/14/14 through 10/4/19, and shall pay the remainder of the award, if any, in weekly payments.

Respondent shall be given a credit of $110,352.84 for temporary total disability benefits that have been paid.

Penalties

Respondent shall pay to Petitioner penalties of $18,986.20, as provided in Section 16 of the Act; $47,465.50 as provided in Section 19(k) of the Act; and $10,000.00, as provided in Section 19(a) of the Act.

Prospective Medical Care

The Arbitrator awards Petitioner the cervical (C5-6) posterior for aminotomy surgery prescribed by Dr. S on March 1, 2019.

The Arbitrator awards Petitioner the right knee total knee replacement surgery consultation with Dr. N. If Dr. N agrees with Dr. B-J that the total knee replacement surgery is warranted, the right knee total knee replacement surgery is awarded.

The Arbitrator further awards Petitioner all post-surgical care following his surgeries required for him to achieve Maximum Medical Improvement (MMI) status pursuant to Section 8(a) of the Act.