The Ridge - Ridge and Downes

The Ridge
Review
James M. Ridge & Assoc., P.C.
www.ridgeassoc.com
Letter from the Editor
Welcome to the May 2012 issue of the Ridge Review. Please
join us to learn more about important issues related to personal
injury and workers’ compensation in Illinois.
In this issue we will discuss the rights of employees who are
injured while traveling for their jobs, as well as explore the
dangers of certain knee replacement hardware and trucking
accidents.
We will introduce you to Meghan O’Brien, an attorney practicing
in our Chicago office and read about several recent interesting
cases successfully handled by our firm.
Learn about the latest attacks on the Illinois Workers’
Compensation Act and lastly, read about my latest adventure.
Cheered on by Karin Connelly and Matthew Coleman, I joined
the Illinois State Troopers Lodge #41 by shaving my head at a
St. Baldrick’s event, raising money for children stricken with
cancer.
Remember, if you have a topic that you would like us to
address, email: [email protected] and we will be happy to
try to write about it in one of our next issues. Also, be sure to
log on to our website so you can receive the Ridge Review and
our monthly updates via email.
Best regards,
INSIDE THIS ISSUE – MAY 2012
Letter from the Editor
1
Your Rights: Traveling Employee Exception
1
In the Community: St. Baldrick’s
2
Attorney Spotlight: Meghan O’Brien
2
Recent Successes
3
Trucking Accidents in Illinois
4
Recall of the Zimmer knee replacement
4
Calendar
5
Labor & Politics: Legislative Update
5
R&A
James M. Ridge & Associates, P.C.
Attorneys at Law
101 N. Wacker Drive, Suite 200, Chicago, IL 60606
[email protected] Toll free (800) 572-1136
Your Rights: Traveling Employee Exception
Travel is often a necessary part of employment. Meetings,
seminars, conferences, and training opportunities may require
travel. Injuries to employees whose job duties require them to
travel away from their primary place of employment are not
governed by the same rules that are applicable to employees
who work in a single location.
There is an often overlooked concept in workers’
compensation law known as the “traveling employee
exception.” When using this exception, the determination of
whether an employee’s injury is related to his/her employment
depends on the reasonableness of the conduct that resulted
in the injury and whether the conduct would normally be
anticipated or foreseen by the employer when an employee is
traveling.
There are several instances where this exception has allowed
for favorable verdicts for injured workers. One notable case is
Bagcraft Corp. v. Industrial Commission, where an employee
was visiting a paper mill as a representative of his company.
The employee was housed overnight with other employees at
a lodge that offered recreational activities in which many of
the employees participated. One of the activities offered was a
ride on an All-Terrain Vehicle (ATV). Unfortunately, the
employee was involved in an accident on his ATV and
ultimately died. Applying the traveling employee exception as
guidance, the Appellate Court ultimately found in the
employee’s favor.
Similarly, Ridge & Associates successfully persuaded the
Illinois Appellate Court to hold that our client, a firefighter
attending an out-of-town seminar, was considered a traveling
employee. While traveling, the firefighter’s co-worker initiated
horseplay activities, which were found to be reasonable and
foreseeable. As such, he was awarded all of his benefits due
under the Illinois Workers’ Compensation Act.
Cases that involve traveling employees are very fact-specific.
As such, an insurance company will undoubtedly look for
ways to deny payment of benefits. If you find yourself in a
situation involving an injury that occurred while on
employment-related business or travel, it is best that you
contact an attorney immediately to ensure that your rights are
protected and you are afforded all appropriate benefits under
the Illinois Workers’ Compensation Act.
In the Community: St. Baldrick’s
On March 17, 2000, founders of the St. Baldrick's Foundation
added a twist to their annual St. Patrick's Day party, changing it
to a head-shaving event to benefit kids with cancer. Their 20
"shavee" recruits planned to raise "$17,000 on the 17th."
Instead, they raised over $104,000.
The movement quickly grew into the world’s largest volunteerdriven fundraising program for childhood cancer research, and
today the St. Baldrick's Foundation funds more childhood
cancer research grants than any organization except the U.S.
government. Since 2000, more than 189,660 volunteers including over 17,200 women - have shaved in solidarity with
children with cancer at events in dozens of countries and every
U.S. state. Thanks to generous friends and family, these
shavees have raised over $117 million for life-saving research,
and each is a walking billboard for the cause.
For the fifth year, Illinois Trooper Lodge District Chicago
organized a head shaving team for St. Baldrick's. This year’s
event was held at the Kerry Piper in Willowbrook, Illinois, on
March 18th. Troopers, as well as their sons, daughters,
nephews, fathers, and friends of ISP employees joined the
team. In total, 59 people registered for Team Trooper. This
was the first year an adult female shaved her head for the
team.
Team Captain, Sgt. Rich Decker, reported that this was a record
year for the team’s fund raising efforts. Team Trooper raised
$27,194, easily being named the top fund raiser for the event.
Since organizing Team Trooper in 2008, Decker stated that the
team had raised $88,872 for research.
The before and after of Jim getting his head shaved at the Kerry
Piper in support of St. Baldrick’s Foundation to raise money to
fight childhood cancers.
This year Jim Ridge joined them and volunteered to have
his thick locks shaved off to support the fight against
cancer. He called, emailed, and nagged his friends and
family looking for sponsors. It worked - thanks to generous
donations Mr. Ridge raised $1,455.00.
To learn more about the St. Baldrick's foundation or to
volunteer please logon to www.stbaldricks.org.
Attorney Spotlight: Meghan O’Brien
Meghan joined the law firm of James M. Ridge
& Associates in February of 2006. Meghan
graduated cum laude from Loyola University
Chicago in 2002, receiving a Bachelor of Arts in
Sociology and a Certificate in Urban Life and
Policy Studies. She earned her J.D. from the
Chicago-Kent College of Law in 2005. During
law school, she was consistently on the Dean's
List and worked as a legal extern at the Cook
County Public Guardian and the Criminal
Defense Clinic at Chicago-Kent.
Meghan is an appointed member of the Illinois
State Bar Association's Young Lawyers Council,
where she currently serves as the Vice
Chairperson. In June 2012, she will become
Chairperson of this Council. She is also a
member of the American Bar Association and the
Chicago Bar Association. Meghan is admitted to
practice law in the State of Illinois and the United
States District Court for the Northern District of
Illinois. She was recently admitted to practice
law before the United States Supreme Court.
At Ridge & Associates, Meghan has conducted
numerous trials and successfully argued cases
before the Illinois Workers' Compensation
Commission and the Illinois Appellate Court.
Meghan is a professional figure skater and
skates for a local ice theater company, Ice
Semble Chicago. She is a past member of the
Associates Board of The Christopher House, a
local organization dedicated to assisting lowincome families.
Recent Successes
Amylee Hogan Simonovich recently won a fully-disputed case in DeKalb, Illinois. Petitioner worked in packing for Respondent for 6 years.
After spending four months as a Quality Analyst, she became quite deconditioned. When she returned to manual labor lifting 20-pound
wooden pallets, she began to experience pain in her shoulder. Petitioner reported her pain to a supervisor and was directed to seek medical
attention at the company clinic. Respondent’s human resources manager advised that company clinic that she believed Petitioner’s shoulder
pain was caused by her transfer into the packing position after not having been required to do a lot of manual labor as a quality analyst.
Further, the occupational health clinic documented the history of Petitioner’s job change and referred her to an orthopaedic physician for
treatment of her shoulder strain. After 8 months of conservative treatment, Petitioner ultimately underwent surgical intervention. After
successfully completing rehabilitation, she was able to return to full duty.
Respondent defended the matter on the theory that Petitioner did not sustain an “accident.” However, injuries sustained by repetitive trauma,
such as repetitive lifting, are compensable under the Illinois Workers’ Compensation Act. Respondent’s own HR manager admitted that
Petitioner’s job duties caused her pain. Respondent also obtained an Independent Medical Examination that indicated Petitioner’s injury was
“probably” pre-existing, even though the physician was unaware of any prior injuries or conditions. Finally, Respondent called Petitioner’s exhusband to testify against her, falsely claiming that she rode ATVs and motorcycles during the time that she was disabled. In sum,
Respondent offered no evidence that Petitioner was injured in any other way than she claimed.
The Arbitrator found Petitioner’s injury compensable and awarded her over $30,000 in temporary total disability benefits for lost time, over
$25,000 in medical benefits, and 35% loss of use of her right arm for ongoing permanent disability as a result of her injury.
Andrew Bell recently settled a case for a delivery driver for over $90,000. The worker was injured when she was removing a computer
desk from her delivery van. The 80 lbs. table shifted and threw the worker out of the van causing her to fall and twist her left leg. After an
arthroscopy failed to give lasting improvement, she underwent a total knee replacement. The claimant was then put on permanent
restrictions following a Functional Capacity Evaluation. She was able to find a different job that could accommodate her restrictions, but
she earned a wage below what she made at her prior employer. Therefore, we were able to obtain compensation based on the difference
of what she had been making and what she was currently able to make. Moreover, we avoided possible credit for future injuries to her leg.
James Ridge & Caroleann Gallagher were successful in
representing two Cook County correctional officers in a
claim that is important to law enforcement officers statewide.
The officers were injured in a motor vehicle accident as they
were returning to their jail facility from their lunch break.
The officers were travelling in one of the officer’s personal
vehicles, when the car was hit by a drunk driver, causing
them both to sustain severe physical injuries.
The case was strenuously defended from the outset by
Cook County, on the basis that because the officers were
returning from their lunch break, they were not on duty, and
therefore, the accident did not arise out of and in the course
of their employment with the County. Cook County refused
to pay any of the officers’ medical bills or temporary total
disability payments for the periods of time that they lost
from work.
Both officers were assigned to a jail facility and their onehour lunch breaks were assigned to them by a supervisor.
The officers are permitted to leave the jail facility for lunch
off-site, if they so choose. If they opt to leave the facility,
they must return within one hour and they can be subject to
discipline for being late. Pursuant to a General Order
issued by the County, they are required to carry their radios
with them at all times. Furthermore, they are required to
sign out and then sign back in on their return to the facility.
When both officers left the facility they remained in their
uniforms and carried both their radios and their weapons with
them. Their radios were switched “on” as was required
pursuant to the General Order. Testimony was given at trial that
an officer’s radio is considered to be a part of their uniform and
must remain switched “on” and on the officers person at all
times during the officers “entire tour of duty”. The officers can
be called back to the facility at any time during their lunch break
and are held to the standards of a sworn officer while in
uniform. They further have a duty to act in an emergency or if
they observe the commission of a crime.
The Arbitrator held that because the correctional officers
remained in their uniforms, had their weapons and their radios
with them, were subject to discipline if they did not conduct
themselves accordingly, and were required to respond to any
emergency, that they were on-duty, and therefore, the accident
that they were involved in was one that arose out of and in the
course of their employment. He found that they were entitled to
a permanency award for the injuries sustained, temporary total
disability payments for the periods of time they missed from
work, and payment all of their medical bills.
This decision was only handed down last week and it can be
appealed within a 30-day period by the Respondent. We
expect that the decision will be appealed and will keep you
advised of any developments in this important case.
Recall of the Zimmer knee replacement
In September 2010, The Food and Drug Administration
("FDA") issued a Class II recall of certain surgical
techniques related to a specific tibial plate component
Zimmer, Inc. designed and manufactured for use in
connection with certain NexGen High-Flex knee
replacements. This recall is only for a specific component
piece associated with Zimmer's knee products. However,
some patients have reported additional problems.
Dr. Richard A. Berger, a respected orthopedic surgeon and
consultant of Zimmer, first began using Zimmer’s NexGen
CR-Flex system in 2005, and implanted the device into 125
patients in the first year. In 2006, X-rays revealed that the
Zimmer knee replacements were not fusing fully with the
thighbone. Although patients were able to walk, they
reported pain that was later alleged to be caused by the
loose joint.
Dr. Berger reported his findings to Zimmer, however, the
company did not confirm the problem since the NexGen
CR-Flex knee replacement system had not been clinically
tested on patients before it was sold.
Dr. Berger then performed a study of his own, finding that
approximately 9.3% of all NexGen CR-Flex failed
prematurely, requiring additional surgery.
It is estimated that since 2003, the NexGen CR-Flex and
LPS-Flex knee replacement has been implanted in more
than 150,000 patients. Some patients have already
reported experiencing knee implant problems including:
serious or ongoing pain, infection, swelling and loosening
or dislocation of the implant.
In December of 2010, the FDA issued a second recall
impacting certain component parts associated with several
Zimmer knee replacement parts including the NexGen
LPS-Flex. The recall involved manufacturing problems
associated with the NexGen LPS-Flex that could result in
premature failure.
If you or someone you know had this device implanted, you
may be entitled to compensation. If you have any
questions please contact us.
Trucking accidents in Illinois
Each year, thousands of motorists are critically injured
when passenger vehicles and commercial trucks
collide. As the number of commercial trucks on the
road steadily increase every year, inevitably so will the
number of serious accidents. A collision with a large
truck can be devastating for the driver and any
passengers in the car. The truck's sheer size and
power leave the car’s passengers at risk for serious
personal injuries or even death.
In 2008, the National Highway Transportation Safety
Administration (NHTSA) reported 144 fatal crashes
with large trucks in Illinois. Federal and state codes,
designed specifically to protect motorists from the
negligence of untrained commercial truck drivers and
trucking companies, regulate the safe operation of
large trucks. At Ridge & Associates, we are familiar
with those laws and regulations and can provide well
informed advice to you or any of your loved ones who
have been involved in a trucking accident in Illinois.
Trucking accidents can happen for a variety of
reasons, which vary from relatively simple errors, such
as excessive speed, driver fatigue or inexperienced
driving, to more complicated and serious reasons,
which include, ignoring regulations that require
companies to limit the number of hours their drivers
are on the road, carrying excessive or unsafe loads
and drug or alcohol use on the part of the driver.
In addition, the list of possible defendants in a trucking
accident goes beyond just the driver of the truck. The
company that owns the truck can also be held liable,
as can the owner of the load, the owner of the trailer
carrying the load, the truck manufacturer, the tire
distributor, or others, depending on the cause and
circumstances of the accident.
The law limits the time you have to pursue a legal
action against a negligent party so it is important to
obtain sound legal advice as soon as possible. More
importantly, it is imperative to obtain quick access to
the evidence and witnesses surrounding a trucking
accident, as this will often be a crucial factor in winning
a case. In addition, trucking companies and their
insurance carriers will have investigators in place
within hours of an accident occurring.
At Ridge & Associates, we have the knowledge,
resources and expertise to handle any question you
may have surrounding this important area of personal
injury law so please do not hesitate to call us if you
have further questions about this area of the law.
We will be available for FREE consultations on the following dates:
June
6
7
8
13
14
17
18
18
July
2
5
10
10
16
16
August
1
2
9
20
20
September
5
6
11
11
12
13
16
17
17
IAM Lodge 48
IAM Lodge 1487, 50 W. Oakton St., Des Plaines, IL
7:00 pm
Teamsters Local 179
1000 N.E. Frontage Rd., Joliet, IL
1:30 – 4:30 pm
Laborers’ Local 231
2503 Broadway St., Pekin, IL
7:00 pm
IAM Lodge 1557
Holiday Inn, 495 Airport Road, Elgin, IL
6:30 pm
42nd
Teamsters Local 371
7909
IAM Lodge 851
23157 S. Thomas Dillon Dr., Channahon, IL
St., Rock Island, IL
8:30 – 11:30 am
10:00 am
Teamsters Local 627
7101 N. Allen Rd., Peoria, IL
10:30 – 12:00 pm
Labor Temple
2243 Grand Ave., Galesburg, IL
3:00 – 5:00 pm
IAM Lodge 2125
Hampton Inn & Suites, 1400 Milwaukee Ave., Lincolnshire, IL
7:00 pm
Teamsters Local 179
1000 N.E. Frontage Rd., Joliet, IL
1:30 – 4:30 pm
5th
IBEW Local 176
1012 N.
IAM Lodge 49
VFW Post 2255, 10537 S. Ridgeland Ave., Chicago Ridge, IL
Ave., Kankakee, IL
1:00 – 3:30 pm
7:00 pm
Teamsters Local 627
7101 N. Allen Rd., Peoria, IL
10:30 – 12:00 pm
Labor Temple
2243 Grand Ave., Galesburg, IL
3:00 – 5:00 pm
IAM Lodge 48
IAM Lodge 1487, 50 W. Oakton St., Des Plaines, IL
7:00 pm
Teamsters Local 179
1000 N.E. Frontage Rd., Joliet, IL
1:30 – 4:30 pm
42nd
Teamsters Local 371
7909
Teamsters Local 627
7101 N. Allen Rd., Peoria, IL
St., Rock Island, IL
10:30 – 12:00 pm
Labor Temple
2243 Grand Ave., Galesburg, IL
3:00 – 5:00 pm
IAM Lodge 48
IAM Lodge 1487, 50 W. Oakton St., Des Plaines, IL
7:00 pm
Teamsters Local 179
1000 N.E. Frontage Rd., Joliet, IL
1:30 – 4:30 pm
5th
IBEW Local 176
1012 N.
IAM Lodge 49
VFW Post 2255, 10537 S. Ridgeland Ave., Chicago Ridge, IL
7:00 pm
IAM Lodge 1557
Holiday Inn, 495 Airport Road, Elgin, IL
6:30 pm
42nd
Ave., Kankakee, IL
8:30 – 11:30 am
Teamsters Local 371
7909
IAM Lodge 851
23157 S. Thomas Dillon Dr., Channahon, IL
St., Rock Island, IL
Our Attorneys
James M. Ridge
Karin K. Connelly
John E. Mitchell
Raymond C. Rose
Meghan N. O’Brien
Douglas Petrovic
Matthew J. Coleman
Caroleann Gallagher*
Amylee Hogan Simonovich
Andrew T. Bell
*Also Licensed in Ireland
Of Counsel
James P. Hoffman
Thomas J. Flanagan
Terrence M. Rubino
Thomas E. Schooley
Ernest J. Maurizi
Office Manager
Karen A. DeWitt
1:00 – 3:30 pm
8:30 – 11:30 am
10:00 am
Teamsters Local 627
7101 N. Allen Rd., Peoria, IL
10:30 – 12:00 pm
Labor Temple
2243 Grand Ave., Galesburg, IL
3:00 – 5:00 pm
Legislative Update
Even though the last session of the General Assembly resulted in
unprecedented changes to the Illinois Workers’ Compensation Act, certain
lawmakers have introduced legislation that will further limit the ability of
workers to seek compensation from their employer when they are injured on
the job. SB 2521 (McCarter – R) seeks to prevent a worker, whose injury
resulted in the aggravation of a pre-existing condition, from recovering
benefits, including medical treatment; it would impose strict usage of the AMA
guidelines in determining permanent disability, precluding an Arbitrator from
using the injured person’s medical records to determine the extent of their
disability and forces an injured worker to be treated by the employer’s
preferred provider program. This bill was passed out of the Labor Committee
on Special Issues and was reassigned to the Executive Committee where it
currently waits for further action. Please contact your representatives in
Springfield know that you do not support SB 2521.
In an effort to be more
environmentally
friendly, we’d like to
send you this
newsletter and other
updates by e-mail.
Please send your
e-mail address to
[email protected]
James M. Ridge & Assoc., P.C.
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Chicago, IL
101 N. Wacker Drive, Suite 200
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James M. Ridge & Assoc., P.C.
Chicago Office:
James M. Ridge & Associates, P.C., is a
101 N. Wacker Drive, Suite 200
Chicago, IL 60606
Chicago-based firm with a state-wide practice
Phone: (312) 372-8282
Fax:
concentrating in:
(312) 372-8560
Peoria Office:
∎ Workers Compensation ∎
415 N.E. Jefferson Avenue
∎ Personal Injury ∎
Peoria, IL 61603
Phone: (309) 676-1818
Fax:
(309) 676-0702
∎ Construction Accident Negligence ∎
∎ Asbestos-Related Disease ∎
∎ Medical Malpractice ∎
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