Knee Replacement Related to Slip and Fall

A 45-year-old restaurant manager slipped and fell on a wet floor, twisting his knee. Prior to his injury at work, Petitioner had extensive medical treatment to his right knee, including surgical intervention, and a diagnosis of arthritis. Soon after the time of his injury his employer stopped paying him Temporary Total Disability benefits (“work comp”) and medical benefits alleging all his problems were pre-existing. At trial, we were able to prove through Petitioner’s testimony, medical evidence, and the medical testimony of Petitioner’s treating physician that Petitioner’s fall at work hastened the need for his total knee replacement and as such the Arbitrator awarded payment of a year of TTD benefits, medical bills and continuing medical care until Petitioner reaches a state of maximum medical improvement. Petitioner’s employer appealed this case and we are awaiting a hearing before the Illinois Workers’ Compensation Commission.