From Overuse to Surgery: Inside the Industrial Accident
In May 2020, the plaintiff, a 42-year-old crew member and cook, suffered a bilateral injury to her arms and shoulders due to repetitive lifting and overcompensation. What was initially documented as general pain soon evolved into a complex medical diagnosis of shoulder impingement syndrome and a partial rotator cuff tear.
The physical toll was extensive:
- Right Shoulder: Required arthroscopic surgery in 2022 to treat bursitis and bicep tendinitis.
- Left Shoulder: MRI results revealed a joint tear in the supraspinatus and chronic overcompensation pain.
- Long-term Impact: The plaintiff endured years of physical therapy, cortisone injections, and a Functional Capacity Evaluation (FCE) that confirmed she could no longer perform heavy lifting.
Overcoming Medical Disagreement and Legal Hurdles
This case was far from straightforward. Shortly after the injury, an Independent Medical Evaluation (IME) concluded that the plaintiff’s sprains were “resolved” and that she could return to full-duty work without restrictions.
Our legal team challenged this finding by:
- Disputing the IME: We fought the employer’s denial of surgical necessity, ensuring the plaintiff finally received her operation in 2022.
- Documenting Restrictions: When the plaintiff attempted to return to light-duty work, her pain became intolerable. We used an FCE to prove she required permanent restrictions of 10 to 15 pounds.
- Managing Medical Debt: We negotiated with multiple medical providers to reduce outstanding bills, ensuring more money stayed in the client’s pocket.
Jack Epstein, with 30 years of experience in the Illinois legal market, personally oversaw the strategy to ensure the plaintiff was not forced back into an environment that would further damage her health.
Turning Strategy Into Justice
By filing an Application for Adjustment of Claim under the Illinois Workers’ Compensation Commission, we held the employer accountable for the full duration of the recovery. We secured 47 weeks of Temporary Total Disability (TTD) payments, providing the plaintiff with a steady income of $300 per week while she was unable to work.
Settlement That Restored Stability In April 2025, the claim reached a global resolution. We secured a $115,000 settlement, which provided the plaintiff with a final net check of $79,494.04 after all legal fees, costs, and negotiated medical bills were paid. The plaintiff paid nothing until we won the case
