Sea v. City of Pekin

Congratulations to the Illinois Municipal League and John Fassola for their successful defense of a claim before Arbitrator Bradley Gillespie in Sea v. City of Pekin. The claimant was a bus driver who slipped and fell on two occasions. He alleged the development of medial epicondylitis and carpal tunnel syndrome as a result of the falls. We questioned the causation between the fall and the alleged conditions and obtained a supportive IME opinion. At trial, we focused on the delay in seeking treatment for the alleged conditions, and the inconsistency in Petitioner’s complaints. On cross-examination, Petitioner admitted that he had seen an orthopedist for an unrelated condition shortly after the accidents but did not reference the alleged injury to his wrist and elbow. The Arbitrator agreed that claimant failed to prove that his condition of ill-being was related to his workplace injuries, and therefore, denied all benefits, including the request for prospective medical treatment for elbow surgery.