Scott Goldstein Secures TTD, Medical Expenses, and Future Care for Injured Fork Lift Driver

Ankin Law attorney, Scott Goldstein, helped secure temporary total disability, payment of medical bills, and prospective medical care for an injured forklift driver. The 32-year-old female will receive: temporary total disability benefits of $573.33/week for 47 1/7 weeks, commencing 1/25/22 through 12/20/22; $44,186.20 for reasonable and necessary medical services up to this point; and she is entitled to prospective medical treatment including continued neurological care, continued pain management services, and physical therapy.

Forklift driver safely loading boxes onto a semi trailer from loading dock, avoiding a work injury.

On the day of the accident, the injured worker was operating a forklift to unload freight from a semi-truck when the semi-truck unexpectedly pulled away from the dock, causing her forklift to fall and crash about 6 feet to the ground. She was wearing a seat belt that secured only her lower body to the forklift. Immediately following the accident, she felt dizzy, anxious, and nauseous, so she went home.

[Read the full Arbitrator Decision here]

At her initial doctor appointment, she complained of midline and lateral neck pain, mild headaches, nausea, and dizziness. Upon examination, the doctor noted, midline tenderness in the cervical spine, bilateral tenderness along the STM muscles, and reduced range of neck motion. She was diagnosed with a concussion without loss of consciousness and a cervical sprain. Over the next several weeks she endured cervical medial branch injections, a radiofrequency ablation, and strong oral medication. Still, she was not feeling any better. It’s worth noting that she was healthy before the accident

At a doctor appointment three months after the accident she reported dizziness, weakness, memory impairment, lack of concentration, nausea, and headaches every day, up to a 10/10 in intensity, accompanied by light and sound sensitivity. She also reported frequent fatigue, mood changes, and difficulty falling and staying asleep. Regarding her current condition, the injured forklift driver testified she has significant, persistent headaches, neck pain, and right shoulder pain that she did not have before her work injury.

Below is an excerpt from the Arbitrator Decision, focusing on the connection between the accident and the injured woman’s current condition:

(F) Causal Connection

Petitioner’s testimony in this case is unrebutted. Her consistent and persistent complaints are well documented in the record. Her testimony regarding the general state of good health she enjoyed before the accident is corroborated by the treating medical records in evidence. Her treating physicians continue to restrict her from working. Dr. opined that there was a causal relationship between the accident and her cervical condition, that Petitioner was not at MMI, and that she required further treatment. Regarding Petitioner’s head injury, the Arbitrator places more weight on the treating medical records, and opinions contained therein, than the opinions of Respondent’s Section 12 examiner. Dr. G did not consider the evidence of Petitioner’s general state of good health before the accident or the fact that her complaints thereafter are consistent and well-documented.

The Arbitrator found the Petitioner presented at the hearing as honest and sincere. The records in evidence corroborate her testimony, which is unrebutted. Accordingly, the Arbitrator places significant weight on her testimony.

Based on a preponderance of the credible evidence contained in the record, the Arbitrator finds that Petitioner has proven a causal connection exists between the accident and her current condition of ill-being.

Chicago personal injury and workers’ compensation attorney Howard Ankin has a passion for justice and a relentless commitment to defending injured victims throughout the Chicagoland area. With decades of experience achieving justice on behalf of the people of Chicago, Howard has earned a reputation as a proven leader in and out of the courtroom. Respected by peers and clients alike, Howard’s multifaceted approach to the law and empathetic nature have secured him a spot as an influential figure in the Illinois legal system.

Years of Experience: More than 30 years
Illinois Registration Status: Active
Bar & Court Admissions: Illinois State Bar Association, U.S. District Court, Northern District of Illinois, U.S. District Court, Central District of Illinois
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