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Workers' Compensation Defense

Our workers’ comp team defends claims before the IWCC and in state courts for employers, insurance companies and third-party administrators. We know that the longer a workers’ compensation case remains open, the more expensive it will become, so we work with clients to resolve issues quickly.

Full Service Defense of Employers

Defending employers in workers’ compensation claims is a primary practice area for Quinn Johnston. From offices in Peoria and Springfield, a team of lawyers, paralegals, nurses, and support staff provide exceptional service to employers, insurance companies, and third-party administrators. Our attorneys regularly attend downstate and collar county status calls, appearing before arbitrators and commissioners of the Illinois Workers’ Compensation Commission (IWCC). Our office locations in central Illinois allows for a comprehensive delivery of services.

 

Efficient and Aggressive Workers’ Compensation Defense

The longer a workers’ compensation case remains open, the more expensive the case will become.  Our defense team uses its experience as litigators to help you resolve issues fast — we don’t let cases languish. We push for speedy resolution by focusing our efforts on obtaining dismissals or negotiating client-focused settlements.  In cases in which an early resolution is not possible, our lawyers work with clients to achieve favorable results, through investigation, evidentiary hearings and, if required, appeals to higher courts.  Throughout each and every case, our attorneys in Peoria and Springfield are mindful of financial concerns and work to keep our services affordable.

 

Return Your Claimant to Work

Our lawyers and staff of in-house nurse/paralegals have access to experts in all requisite fields of medicine and insurance. We find local IME doctors to examine your claimants. Let our team arrange the necessary Independent Medical Examinations (IME) to help you return your claimant to work and speed the resolution of your claim.  We can also  assist in locating vocational rehabilitation experts to assist with job placement and opinions on a claimant’s ability to work.

 Attentive and Responsive Attorneys

We understand your needs.  With the new reforms under the Illinois Workers’ Compensation Act, employers have been given additional tools to defend claims.  Using these tools effectively requires attorneys who have a thorough understanding of the law, pride themselves on aggressive investigation, and understand that being proactive in addressing matters means maximizing opportunities to put forth a solid defense and minimizing benefit exposures.  Intoxication defenses, additional causation defenses, assignments to vocational rehabilitation, and the introduction of AMA ratings in Illinois bring forth new considerations to raise defenses at various points during the life of a case.  We understand these pressure points and are ready to assist you in achieving favorable and timely results.  We pledge to provide you responses within 24 hours of your inquiries and will outline an action plan to address your concerns.  We will complete case activities, investigations and trials in a timely and thorough manner.

 

Representative Cases

 Commission Finds Fall from Vendor’s Trailer Claim Not Work-Related: Appeals Court Agrees.  Quinn Johnston’s  client was a nursing home which employed a certified nursing assistant. A third-party vendor set up a trailer in the employer’s parking lot to sell uniforms. The CNA had already clocked in to work, but with the permission of her supervisor, shopped for clothing prior to the start of her scheduled shift.  As she was exiting the vendor’s trailer to return to work, she fell and suffered a severe knee injury. The Commission determined the petitioner’s injuries did not arise out of or in the course of her employment and denied her claims. The Appellate court also affirmed.  Stone v. Timber Creek, IWCC 07 WC 12827.

Two Years of Benefits Credited Back to Employer, Claim Denied.  In another matter, a workers’ compensation claimant appeared to be headed towards a permanent and total disability with a high wage rate. Petitioner had a back strain and his doctor recommended surgery.  The carrier paid benefits for nearly two years.  A new adjuster became suspicious of the claim and referred the case to Quinn Johnston.  After an aggressive investigation, the firm uncovered prior medical evidence and facts showing Petitioner had a pre-existing medical condition about which he was untruthful.  The case was tried, denied and the arbitrator’s decision was affirmed at the Commission level.  Lindquist v. JAB, IWCC11 WC 11786.

Commission Finds No Need for Future Surgery.  The Petitioner slipped and fell on a wet floor and suffered a shoulder injury. His treating physician recommended surgery. An IME physician questioned the necessity of same. The arbitrator found the IME physician more credible than the treating physician. Coincidentally, this injury occurred at a time when Petitioner was facing immediate termination.  Several witnesses testified on the employment circumstances surrounding this injury.  The Arbitrator was persuaded by this evidence.  The case was affirmed on appeal to the Commission. Reed v. SC2, IWCC 12 WC 2664.

Commission Denies Years of Temporary Compensation Benefit and Claim of Job Loss Due to Permanent Restrictions.    The petitioner sustained a crushing injury when struck by engine block, suffering a sciatic nerve contusion which was confirmed by diagnostic testing.  However, after the injury he chose to work with a different employer, subsequently leaving that position and moving to Texas to embark on a long course of pain treatment.  Evaluating physicians questioned the propriety of the ongoing treatment, but the employee demanded payment of several years of benefits for the time spent in Texas.  The employer confirmed that work would have been available for him but for the fact that he had been terminated for violating company policy and had otherwise left the area.  The Arbitrator agreed there was an injury, awarded 7.5% of a MAW, but denied recovery for extensive charges for out-of-state medical treatment and refused the employee’s claim for ongoing temporary total disability benefits.  Erik Brown v. Sedona Staffing,  14 IWCC 0395

About Quinn Johnston

 Quinn Johnston was featured by Fortune Legal Marketplace as a 2013 Top Ranked Law Firm based on Martindale-Hubbell AV® Preeminent ratings for ethical standards and legal ability. Several of our attorneys have also been named as Leading Lawyers by their peers in the Leading Lawyers Network.  We represent clients throughout Central Illinois, including in Peoria, Springfield, Bloomington-Normal, Rock Island, Moline, Belleville, Danville, Galesburg, Kankakee, Lincoln, Champaign-Urbana, Quincy and their surrounding areas.  Our experienced litigators strongly defend clients while maintaining a high level of professionalism and ethical standards.