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        Employer Penalized for Cutting Off Benefits of Cement Mason Who Suffered Repetitive Stress from Bull Floating

        Maximum Benefits, Medical, Lost Wages and Penalties Permitted Under Workers' Compensation

        An arbitrator ordered that the employer pay the lost wages and medical bills to the fullest extent permitted by the Illinois Workers’ Compensation Act. Then, the arbitrator further ordered that the employer pay penalties in the amount of $80,000.00 due to bad faith in defending the case.

        • The Case

          A Local 502 Union Cement Mason was bull floating concrete and felt tightness in his shoulder. The injury occurred as a result of repetitive bull floating and not from one single incident. The employer ABD Tank and Pump, through its insurance carrier, refused to pay lost wages or medical bills. Horwitz, Horwitz & Associates’ filed a workers’ compensation claim on behalf of the cement mason.

        • In Depth Look

          Subsequently, Mark Weissburg – workers’ compensation attorney and Partner at Horwitz, Horwitz & Associates – filed an emergency petition under 19(b) in order to get the matter to hearing. At trial, the employer called three witness. They testified that petitioner wasn’t injured at work and that he worked multiple jobs. They further claimed that the cement mason didn’t notify the employer of the injury in a timely manner. Weissburg proved that in fact Petitioner gave sufficient notice within 45 days and proved that the employer was not prejudiced by any alleged late notice. Mark also sought penalties against the employer for a bad faith refusal to pay benefits.

        • Contact Us Today

          Horwitz, Horwitz & Associates invites you for a free telephone or in person consultation to discuss your injury and any questions you may have. You can also email us or even speak with us right now on LiveChat, located in the lower right corner of the screen. Even if you do not wish to retain an attorney, we can set you on the right path for free. Most of our lawyers have more than 30 years of experience and we have an outstanding track record in helping our clients and creating a strong trust relationship, as you can see in our Success Record. Please call our Chicago office at (312) 372-8822, or our Joliet office at (815) 723-8822, or you can call our toll free number at (800)-985-1819.

        Details

        Employer Penalized for Cutting Off Benefits of Cement Mason Who Suffered Repetitive Stress from Bull Floating

        • Workers Compensation