Jill Wagner of Ankin Law won shoulder surgery, back benefits and medical bills for her client who injured her shoulder working for Lurie Children’s Hospital. The arbitration hearing concluded that 52-year-old Diane Smith injured her shoulder in the course of her workday as a support service tech. The Arbitrator awarded Smith temporary total disability benefits along with payment of medical bills and a necessary shoulder surgery.
(Read the full Arbitrator Decision Here)
As a support service tech Smith maintained IV pumps, cleaned floors, organized equipment, etc.. On the date of the accident, she hurt her right shoulder when she picked up a 20 to 30-pound IV pump. Her arm was bent back and she felt pain. She was able to finish her shift, but then she went home and still felt a lot of pain.
After multiple trips to doctors and various treatment plans it was determined that surgery would be needed. Since the accident, Smith still has right shoulder pain and cannot drive or do basic tasks due to her pain. She testified that if she was awarded the recommended surgery, she would get that treatment right away. When asked if she wanted to stay on social security disability and remain out of the work force, she said, “I’m not going to stay on disability for the rest of my life. I’m going to work at it and get better.”
Summary of the Arbitrator’s Order:
Medical Benefits
Lurie Children’s Hospital shall pay reasonable and necessary medical services of $16,761.00, as provided in Section 8(a) of the Act.
Lurie Children’s Hospital shall pay reasonable and necessary medical services, pursuant to the medical fee schedule, of $ 5,131.00 to Advance Spine & Rehab Center , $ 2,252.00 to Athletico Physical Therapy , $654.00 to Northshore Orthopedics, and $8,724.00 to University of Chicago Hospital, as provided in Sections 8(a) and 8.2 of the Act.
Lurie Children’s Hospital shall be given a credit for any medical benefits that have been paid, and Lurie Children’s Hospital shall hold Diane Smith harmless from any claims by any providers of the services for which the hospital is receiving this credit, as provided in Section 80) of the Act.
Temporary Total Disability
Lurie Children’s Hospital shall pay Diane Smith temporary total disability benefits of $ 280.55 /week for 219 5/7th weeks, commencing March 1, 2014 through May 17, 2018 , as provided in Section 8(b) of the Act.
Lurie Children’s Hospital shall pay Diane Smith the temporary total disability benefits that have accrued from March 1, 2014 through May 17, 2018 , and shall pay the remainder of the award, if any, in weekly payments.
