BCM Uproots Planter's Exposure Claim

BCM Law, P.C. recently obtained a victorious defense decision from Arbitrator Edward Lee of the Illinois Workers' Compensation Commission. The claimant, a plant propagation manager at a greenhouse, alleged that he spilled fertilizer on his pre-existing amputation stump, resulting in lost time and the need for a replacement leg prosthesis. The initial investigation turned up a suspicious sequence of events. The claimant had not reported the claim to the employer until 83 days after the alleged incident. In the meantime, he had seen two medical providers for a rash on his stump, but never mentioned any alleged chemical exposure. One of the providers, a prosthetics lab, mentioned that the existing prosthetic leg was in poor condition and that the rash was caused by severe pressure of the prosthetic against the stump. BCM Law, P.C. worked with the claims team to obtain expert opinions from an industrial hygienist and a medical doctor with experience in burn wound treatment and treatment of amputations and prosthetics. The hygienist ultimately testified that the diluted fertilizer used by the claimant had an acidity level less than 1/100 that of common table vinegar. The medical expert opined that this would have been insufficient to cause a chemical burn and that the claimant did not ever have objective medical findings of a burn, but rather only had pressure sores from his ill-fitting prior prosthesis. The petitioner retained a prosthetics expert from Rush, but on cross-examination by BCM Law, P.C., this expert admitted he did not have any opinion as to whether a chemical burn injury actually occurred, or whether such a burn was a factor in the claimant's subsequent need for a replacement prosthesis. The arbitrator agreed with the defense argument that the claimant had failed to prove a compensable work accident or injury occurred. No benefits were awarded, and the case was dismissed (pending the outcome of any further appeals.) This outcome provides a great example of how the investment into a thorough investigation of a suspicious claim can build a winning defense at trial.

Gonzalez-Hernandez v. Perennial Plant Pros, IWCC No. 06 WC 55047 (2011).