Ankin Law attorney, Jill Wagner represented a 35-year-old hotel housekeeper who injured her shoulder and neck while making a bed as part of her job. Jenika Davis was a housekeeper for Chicago Athletic Association Hotel, Inc. when she was injured. She was lifting a king size mattress while simultaneously trying to tuck in the comforter when she felt pain. She immediately told her supervisor, who made a report and sent her to the emergency room. She was awarded temporary total disability, medical expenses and arthroscopic surgery.
(Read the Full Arbitrator Decision)
After months of doctor appointments, physical therapy, pain medication, work restrictions and an MRI Davis sought the help of Dr. Silver who recommended the arthroscopic surgery.
In his deposition, Dr. Silver noted, “The MRI radiologist and my own reading show a labral tear. It’s there and it’s obvious and it’s read by both of us. Plus, clinically she has rotator cuff impingement as well consistent with the inflammation seen on her MRI, so there’s definitely pathology noted on the MRI. He (another doctor) just chose to ignore it.” Further, when asked why surgery was necessary, he said, “On the MRI scan she has a labral tear. It’s the common orthopedic knowledge that a labral tear cannot heal on its own. Once it’s torn, if it’s symptomatic like hers is, it requires arthroscopic surgery, regardless of conservative care.”
Davis testified that as of the date of trial, she still has pain in her right shoulder and neck. Her pain interferes with her daily living and she is unable to lift anything or wear a bra due to pain. She testified that she had not yet received the recommended surgery, but that if the Arbitrator awarded the recommended surgery, she would get the treatment right away.
A summary of the arbitrator decision findings:
Chicago Athletic Association Hotel, Inc. shall pay Jenika Davis temporary total disability benefits of $ 394.22 /week for 139 2/7 weeks, commencing December 8, 2015 through August 9, 2018.
Chicago Athletic Association Hotel, Inc. shall pay Jenika Davis the temporary total disability benefits that have accrued from December 8, 2015 through August 9, 2018 , and shall pay the remainder of the award, if any, in weekly payments.
Chicago Athletic Association Hotel, Inc. shall pay reasonable and necessary medical services of $ 18,460.67.
Chicago Athletic Association Hotel, Inc. shall pay reasonable and necessary medical services, pursuant to the medical fee schedule, of $ 567.98 to Advanced Physical Medicine, $16,487.33 to Rx Development, and $ 1,405.36 to EQMD Inc..
Chicago Athletic Association Hotel, Inc. shall pay reasonable and necessary medical services of $ 18,460.67.
