Illinois truck driver under video surveillance by insurance company
the Illinois Workers' Compensation Comission awarded the claimant benefits for a leg injury, including 40-2/7 weeks of temporary total disability benefits, medical expenses and permanent disability under Section 8(d)2 for the loss of the person as a whole to the extent of 35%.
Case name: Stine v. Yellow Transportation, 19 ILWCLB 22 (Ill.W.C.Comm. 2010).
Summary: Stine, a truck driver and dock worker, was injured when a dock plate was dropped onto his lower left leg. He suffered fractures of the left tibia and fibula at the level of his ankle with a dislocation of the fibula and a rupture of the deltoid ligament. He underwent an open reduction with internal fixation of his fractures. He subsequently developed symptoms of reflex sympathetic dystrophy. The defendant began paying temporary total disability benefits but subsequently stopped based on its belief that Stine could return to work.
In awarding benefits, the arbitrator found that at the time the defendant stopped paying temporary total disability, Stine's condition had not stabilized medically He still had symptoms and exam findings related to his diagnosed conditions. The arbitrator awarded 40-2/7 weeks of temporary total disability benefits and medical expenses. As for permanent disability, the arbitrator found Stine's condition warranted an award under Section 8(d)2 for the loss of the person as a whole to the extent of 35%.
In determining the nature and extent of the injury, the arbitrator noted that the defendant did not offer any light duty work or rehabilitative help. Instead, they introduced a videotape showing surveillance of Stine, which was conducted over a 2 day period. The surveillance depicts Stine for two hours performing some yard work. Most of the time, he is sitting on a riding lawn mower with his left foot and ankle resting on the side of the mower. For about 15 minutes of the two hour video, he is using a leaf blower to clean debris from his driveway. The arbitrator found that the video surveillance did not contradict any of Stine's testimony and certainly did not show he has the ability to perform his past occupation.
Upon review, the Illinois Workers' Compensation Commission modified the arbitrator's decision by decreasing Stine's permanent partial disability award from 35% to 30% loss of use of person as a whole pursuant to Section 8(d)3.
It is not uncommon for an insurance company to hire an investigator to follow somone who is off work and receiving workers compensation benefts. They sometimes go so far as to try and talk to your neighbors about you. As the above article indicates, they will use any measure to cut off your benefits and minimize their payments to you.
If you are not receiving your benefits after a work injury, contact our offices today at 800-437-2571 and speak with a well qualified workers' compensation attorney.
