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Emilie Miller
Hennessy & Roach
Springfield
partner
  • Bachelor of Science/Marketing- 1999, Eastern Illinois University
  • Juris Doctor- 2004, Southern Illinois University School of Law
  • Admitted to Practice in Illinois in 2004

Professional Affiliations:

  • Illinois State Bar Association
  • American Bar Association
  • Sangamon County Bar Association
  • Treasurer of the Adjustor’s Association of Central Illinois

Practice Areas:

  • Defense of General Liability and Workers Compensation matters

 

SIGNIFICANT ARBITRATION DECISIONS

 

  • Eric Ritter v. Cintas (09-WC-29673)

The petitioner claimed a work related accident that occurred after picking up a rubber floor mat at work.  Based on evidence that the petitioner did not provide timely notice of his accident to Cintas, delayed treatment for over a month, and denied sustaining a work accident when seeking medical treatment, the Arbitrator held that the petitioner did not sustain an accident that arose out of and in the course of his employment. 

 

  • Benny Huskins, as surviving spouse of Wanda Huskins v. Lincoln Community Unit School District (06-WC-20997)

The petitioner sustained an injury to her right arm and knees in the course of her employment.  After surgery on her arm, the petitioner developed deep vein thrombosis (DVT).   Based on the results of a FCE, LCUSD extended an offer to the petitioner to return to work, but she refused.  The petitioner later passed away.  The petitioner’s treating doctor testified that her death was due to treatment of her work injuries.  Based on the petitioner’s treating doctor’s opinions, the petitioner’s husband pursued a claim for death benefits.  At LCUSD’s request, the petitioner’s medical records were reviewed by a forensic pathologist who opined that the petitioner’s death did not result from treatment of her work injuries.  The Arbitrator denied the petitioner’s husband’s claim for death benefits based on the opinions presented by the employer’s IME physician and awarded a percentage loss of use of the petitioner’s arm, leg and person-as-a-whole.  The Arbitrator also denied a claim for TTD benefits after the petitioner’s refusal to return to work.

 

  • Craig Bass v. Clear Water Pools (13-WC-42329)

Petitioner alleged an injury to his back after lifting a law roller.  The Arbitrator found petitioner failed to prove a compensable work injury after records kept by the employer showed petitioner did not work on the day of his alleged accident and petitioner failed to produce witnesses that allegedly witnessed his accident.

 

  • Kevin Byrd v. Bridgestone Firestone (12-WC-24862)

Petitioner alleged injuries to his back after slipping and falling down stairs.  The Commission affirmed the Arbitrator’s finding that petitioner failed to prove a compensable work injury citing petitioner’s insufficient notice to employer, failure to seek treatment for over two weeks after his alleged accident and medical records admitted into evidence by employer showing petitioner was already under work restrictions at the time of his alleged accident.     

 

  • Dave Dyer v. Bridgestone Firestone (11-WC-34166) 

Petitioner alleged injuries resulting from slipping in employer’s parking lot while leaving work in the rain.  Petitioner’s accident was disputed based on notice and accident.  Evidence obtained showed that at the time of his accident petitioner was running to his car because of the rain.  The Commission reversed the Arbitrator’s decision that petitioner sustained a compensable work injury and found that petitioner failed to provide proper notice of his accident to the employer and that his accident did not arise out of his employment.  The Commission noted that it is not enough to be in the course of employment and that rain absent a defect in the employer’s parking lot (even thought not open to the general public) doe not place an employee at an increased risk where he voluntarily subjects himself to an increased risk of injury by running in the rain. 

 

  • Diana Dobie-Snober v. Springfield Urbana League (12-WC-01006)

Petitioner sustained undisputed injuries to her left hip and left hand.  Arbitrator awarded 25% loss of use of the left leg, 10% loss of use of the left hand and 2% loss of use of a person as a whole ($20,927.70), where the demand prior to hearing had been 40% loss use of a person as a whole and 20% loss of use of the left hand ($56,864.40).   No review taken. 

 

TTD & Termination for Cause: Wleklinski v. Kelly Services
2008