This is a new case, decided by the Illinois Appellate Court. Below is a summary. Note that this case was not handled by our office. But it really is a great example of how insurance companies in Illinois work comp claims will try to do anything possible to fight your benefits.
Link to The Case Facts The Case Facts
Julie Bulow worked as a rental representative for AIM National Lease. One of her duties was performing “360 inspections” of rental trucks, which meant walking around the trucks and climbing in and out of them. On August 13, 2019, while inspecting a truck, she tripped over a parking block and fell. After the fall, she had pain and injuries in her left leg, ankle, and foot.
Bulow received medical treatment shortly after the accident and was diagnosed with sprains and bruising in her left foot and ankle. But her problems did not go away. She continued to have pain, swelling, numbness, and tingling in her leg and foot. Over time, several doctors evaluated her condition. Some believed she was suffering from Complex Regional Pain Syndrome (CRPS), a painful nerve condition that can develop after an injury. Others thought her symptoms were related to conditions such as tarsal tunnel syndrome or that her original injury had already healed.
Link to The “Intervening” Event The “Intervening” Event
During her recovery, Bulow attended a breast cancer charity event called the “Pledge the Pink” walk. The event involved walking long distances over three days. Her employer later argued that this event caused her later foot and ankle problems. Bulow testified that she had recently undergone breast cancer surgery and did not actually walk the full distance. Instead, she said she spent most of the time riding in a golf cart and did very little walking.
Bulow continued to receive treatment for her pain and eventually underwent pain management procedures. She later had a dorsal root ganglion stimulator implanted in her spine, which helped reduce her pain and improved her ability to function.
Link to The Court Decisions The Court Decisions
An arbitrator with the Illinois Workers’ Compensation Commission found that Bulow’s ongoing leg, ankle, and foot problems were caused by her workplace fall. The arbitrator believed the opinions of her treating doctors and found her testimony to be credible. The employer appealed, but the appellate court mostly agreed with the Commission.
The court ruled that the charity walk did not break the connection between her work accident and her medical condition. It also confirmed that the employer was responsible for reasonable medical treatment related to the injury. However, the case was sent back to the Commission to remove medical charges related to shoulder therapy and to determine the correct amount of medical expenses that were actually paid.
Link to My Take My Take
Basically this woman had a very bad leg/ankle/foot injury. It was so bad that she really should not have been doing any walking on it. But that does not mean that she did not have the right to live her life.
She is a breast cancer survivor and wants to support a breast cancer charity. So to me it sounds like she is a good person. The insurance company appears to assume that by going to that event, she must have ignored doctor’s orders and made her problem much worse.
This is what insurance companies will do. They will make assumptions or throw things against the wall to see if it sticks. All of this is done without care for what is best for the injured worker. Fortunately she had a credible excuse. She was there supporting the event and mostly was riding in a golf cart.
In the end, she deservedly won the case. It is a shame that her benefits and care got delayed in any way because the insurance company was playing games. I can only hope that the case results in a humongous settlement or court award to compensate her for everything she has gone through.