Call us now
to evaluate your case 866-438-2419

Workers' comp success can hinge on solid medical opinion

Anyone in Illinois who is injured on the job has a right to expect to have their medical treatments and related health care needs covered by workers' compensation benefits. That's why the system exists. However, the science behind the medicine sometimes can come into question. When it does, the result can be a denial of benefits can result.

Every case is going to be different. That's why a detailed assessment of the facts and the circumstances in any given situation is crucial. The importance of having a skilled attorney working on your behalf can't be overstated.

This may be something on the mind of one man after a recent decision by the Illinois Fourth District Appellate Court's Workers' Compensation Commission Division, based in Springfield. According to a news report, the man has been seeking to obtain workers' compensation coverage for a claim dating back to October 2004.

Court records indicate the man had worked at a Missouri corn processing plant where he says he was exposed to the flavoring chemical diacetyl. This product has been found to contribute to what is known as "flavorings-related lung disease," or more commonly as "popcorn worker's lung."

The plaintiff in this case says he worked at the plant for 30 years and damaged his lungs - developing chronic obstructive pulmonary disease (COPD). However, when he submitted his claim for workers' compensation, it was denied; first by an arbitrator, then by the Illinois Workers' Compensation Commission, and then a Macon County court. Last month, the appeals court also upheld the denial.

The man's argument, which the appeals court agreed with, was that his own doctor's opinion about his condition had not been allowed into the record by previous reviews. However, the appeals court said that the doctor's opinion had no merit because it was "not based on a scientific methodology or principle that has gained general acceptance in the relevant scientific community."

In other words, the doctor's opinion didn't pass scientific and medical muster. The appeals court also agreed with previous findings that the plaintiff wasn't a credible witness about his history of exposure to diacetyl.

The lesson is that the evidence needs to not only back up the claim, but also be credible.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Learn How We Can Help

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

SpringField Law Office
2730 South MacArthur Boulevard
Springfield, Illinois 62704

Phone: 217-523-7742
Map & Directions

Champaign Law Office
314 South Neil Street, Suite 101
Champaign, Illinois 61820

Phone: 217-356-1570
Map & Directions

Bloomington Law Office
237 East Front Street
Bloomington, Illinois 61701

Phone: 309-829-5700
Map & Directions

Quincy Law Office
2632 Broadway Street
Quincy, Illinois 62301

Phone: 217-222-5504
Map & Directions

Rushville Law Office
129 South Congress Street
Rushville, Illinois 62681

Phone: 217-322-4346
Map & Directions

Macomb Law Office
118 North Lafayette Street
Macomb, Illinois 61455

Phone: 309-836-1002
Map & Directions

Pekin Law Office
427 1/2 Court Street
Pekin, Illinois 61554

Phone: 309-353-9828
Map & Directions

Decatur Law Office
335 East Wood Street, Suite A
Decatur, Illinois 62523

Phone: 217-429-3509
Map & Directions