A Department of Human Services caseworker who was assaulted by an angry client received compensation for psychological injuries and a back injury. In an arbitrator decision the caseworker, represented by Josh Rudolfi, was awarded medical benefits, temporary total disability, and permanent partial disability. The State of Illinois Department of Human Services (Respondent) was also forced to pay penalties to the caseworker (Petitioner) of $4,260.02.
The Petitioner testified that an angry customer came into the DHS office and requested to speak to a manager regarding her food stamp application. Petitioner testified that her manager told Petitioner to meet with the customer because she was the caseworker assigned to processing that particular food stamp application. Petitioner testified that as she began to speak with the customer, the customer became increasingly upset and demanded to see the manager. The customer then used vulgar language in telling Petitioner that if she did not give her the food stamps, she was going to kill Petitioner. The customer then grabbed Petitioner by the throat and knocked her to the ground. Two security guards pulled the customer off Petitioner. Petitioner testified that she experienced immediate back pain.
ILLINOIS WORKERS COMPENSATION COMMISSION NOTICE OF ARBITRATOR DECISION
NAZARO, EWELYN . Case# 15WCO34374
STATE OF L DEPT OF HUMAN SERVICES
On 8/10/2017, an arbitration decision on this case was filed with the Illinois Workers’ Compensation Commission in Chicago, a copy of which is enclosed.
If the Commission reviews this award, interest of 1.14% shall accrue from the date listed above to the day before the date of payment; however, if an employee’s appeal results in either no change or a decrease in this award, interest shall mot accrue.
A copy of this decision is mailed to the following parties:
1067 ANKIN LAW OFFICE LLC
10N DEARBORN ST, Suite 500
CHICAGO, IL 60602
5462 ASSISTANTAT TORNEY GENERAL
100 W RANDOLPH ST 13TH FL
CHICAGO, IL 60601
1745 DEPT OF HUMAN SERVICES
BUREAU OF RISK MANAGEMENT
PO BOX 19208
SPRINGFIELD, IL 62794-9208
0502 STATE EMPLOYEES RETIREMENT
2101 S VETERANS PARKWAY
PO BOX 19255
SPRINGFIELD, IL 62794-9255
Order of the Arbitrator:
Respondent shall pay Petitioner $14,826.74 for the reasonable, necessary, and related medical services rendered to her, as provided in Section 8(a) and subject to Section 8.2 of the Act.
Temporary Total Disability
Respondent shall pay Petitioner temporary total disability benefits of $518.61/week for 36-27 weeks, commencing 10121/2015 through 6/30/2016, as provided in Section 8(b) of the Act,
Respondent shall be given a credit of $9,854.15 for temporary total disability benefits that have been paid.
Respondent shall pay to Petitioner penalties of $4,260.02, as provided in Section 19(k) of the Act; $3,450.00, as provided in Section 19(1) of the Act; and attorney’s fees of $852.00, as provided in Section 16 of the Act.
Permanent Partial Disability
Respondent shall pay Petitioner $466.75/week for 20 weeks because the injuries sustained from the
10/19/2015 accident caused a permanent loss of use, person as a whole, to the extent of 3% for her low back condition and 1% for her psychological condition, pursuant to Section 8(d)2 of the Act.