312-425-3131
10 South LaSalle Street, Suite 900, Chicago, IL 60603
211 Landmark Drive, Suite C2, Normal, IL 61761
1015 Locust Street, Suite 914, St. Louis, MO 63101
BCM proves mother not entitled to son's death benefits
Julia McCarthy tried Aaron Pettet (Deceased) v. Shadow Manufacturing on behalf of the respondent. This case involved a death claim. The decedent died as the result of exposure while cleaning a well on May 19, 2006. The accident itself was not disputed.
At the time of his death, the decedent was single with no children. A claim was filed alleging dependency by his mother.
Decedent's mother claimed partial dependency pursuant to Section 7(c) of the Act. The mother testified at the time of trial her deceased son gave her $40.00 - $100.00 per week for medication. She is diabetic. She testified she received cash from her son.
The insured testified regarding her knowledge as to a lack of relationship between the decedent and his mother.
BCM secures reversal: Commission reverses Arbitrator's 19(b)/8(a) Decision, which awarded petitioner $286,261.35 in benefits
Peter J. Stavropoulos succeeded in securing a reversal of the Arbitrator's decision on a 19(b)/8(a) hearing that awarded the petitioner 66-4/7 weeks of temporary total disability ($30,116.72) and medical expenses in the sum of $256,144.63. David Fenwick v. Area Wide Septic Services, No. 07 IWCC 0769.
The case was tried before the Arbitrator in Ottawa on February 16, 2005. Petitioner testified that on June 18, 2003, he was digging a hole and cutting concrete. He slipped and fell into the hole and injured his back. Petitioner was taken by ambulance to St. Margaret's Hospital.
An MRI was taken which revealed a small right lateral L5-S1 annular tear. His own physician, Dr. Lukancic, saw the petitioner on June 28, 2003 and diagnosed petitioner with an acute lumbosacral strain. Ultimately, petitioner fell into the hands of Dr. DePhillips.
| 10 South LaSalle Street, Suite 900 Chicago, IL 60603 Phone: 312-425-3131 |
| 211 Landmark Drive, Suite C2 Normal, IL 61761 Phone: 309-862-4914 |
| 1015 Locust Street, Suite 914 St. Louis, MO 63101 Phone: 314-300-0527 |
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