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MAN AWARDED WORKERS’ COMP WITH ONLY HIS OWN TESTIMONY

By Daniel Finney

The 5th District Illinois Appellate Court and the Illinois Workers’ Compensation Commission recently issued a ruling to uphold a decision to award an Illinois man workers’ compensation and reimbursement for medical expenses.

The man was awarded total temporary disability benefits and approximately $235,000 in medical expenses reimbursement from Continental Tire North America Inc. in 2008. The decision to award the man workers’ compensation based solely on his own testimony of being injured at work in 2006.

Continental appealed the ruling, arguing that a worker’s testimony was not enough to award workers’ compensation. However, yesterday, the appellate court ruled that “it is well-settled that a claimant’s testimony standing alone may be sufficient to support an award of benefits.”

In the case, the claimant argued that before an accident that occurred at his workplace on June 30, 2006, the symptoms of his neck and back injuries did not exist. Because he was unable to find a local doctor to treat his injuries, the worker went to St. Louis to see an orthopedic specialist and undergo a disc replacement back surgery. The court reimbursed travel expenses and medical expenses, declaring that the man’s treatments were “medically necessary but unavailable in the local area.”

If you or someone you know is seeking workers’ compensation, contact the St. Louis workers’ compensation attorneys of Finney Law Office at 314-646-0300 to learn more about how we can help you.

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