August 15, 2023Share
Kelley Kronenberg Secures Complete Defense Victory in Illinois Workers’ Compensation Case
Kelley Kronenberg Partner, Kristin Lechowicz, proficiently assisted by paralegal, Andrea Ancheta, secured a complete defense victory in favor of our client, a leading insurance carrier, in a contentious Illinois workers’ compensation case.
At the heart of the dispute was whether Petitioner, a part-time fast-food worker, was within the course of her employment when she slipped and fell on ice, despite explicit instructions from her employer not to go outside due to forecasted snow. On the day of the accident, she defied these orders to discard a half-full trash bag in the external dumpster, a task outside her assigned job duties, which resulted in her falling on ice.
After deliberation, the arbitrator concluded that the action of taking out a half-full trash bag was unrelated to her job duties and did not offer any benefit to her employer. As a result, the accident was deemed non-compensable, and all related benefits were denied.
This decision came amidst potential exposures, including months of Temporary Total Disability (TTD) benefits, medical care for a fractured wrist, along with potential penalties and fees. Upon weighing the testimony, the arbitrator found the employer’s representatives more credible than Petitioner, thereby finding that the accident was not compensable.
An extraordinary element of the victory was the assertive claim handling by Brittnee McCann, Claims Examiner at Markel. Her proactive management of the case and the details she supplied allowed us to prepare comprehensively for the trial in less than a month. We applaud Brittnee for her commendable work!