Leslie Jackson, a CNA at the Illinois Veterans Home tore the meniscus in her left leg as she moved to protect a resident from getting hit with a walker by another resident. Jackson was seated at a table and noticed a member (resident) who has Alzheimer’s approaching another member who had issues with personal space. The Alzheimer’s member lifted his walker in an apparent effort to strike the other member. Jackson quickly stood up and rushed over to the Alzheimer’s member and grabbed the walker, and they both went to the ground. She testified that while rushing and grabbing the walker she felt a pop in her left knee.
Ankin Law Office attorney, Josh Rudolfi represented Jackson and even though the accident was initially disputed she was granted,
1) temporary total disability benefits of $493.36/week for 48 2/7 weeks,
2) $122,000+ in medical bills, and
3) permanent partial disability benefits of $443.03/week for 32.25 weeks, because the injuries sustained caused the 15% loss of the left leg.
As a result of the incident, Jackson underwent arthroscopic debridement of her meniscus tear, a tricompartmental synovectomy, and removal of a loose body. She currently continues to experience pain and swelling in her knee as well as difficulty with prolonged standing.
Further summary of facts from the Arbitrator’s Decision:
Jackson testified that the walker was actually in her hands when she felt the pop. She further testified that she did not slip and that there were no substances on the floor and she was wearing normal gym shoes. Jackson testified that she got up on her own and continued working her shift. She testified that she notified Ms. Karen Kubal, the charge nurse on duty, of her injury that same day. Notice of the incident was not in dispute.
On December 28, 2016, Jackson underwent an arthroscopic debridement of her meniscus tear, a tricompartimental synovectomy, and removal of a loose body at Elmwood Park Same Day Surgery Center performed by Dr. Silver. She was off work following the surgery.