Paul N. Berard was admitted to the Illinois and Wisconsin Bars in 2011 and the Missouri Bar in 2012, and focuses his practice on the defense of workers’ compensation claims. Paul earned a Bachelor of Science in Economics from the University of Wisconsin – Madison. While at Wisconsin, Paul spent one semester abroad at Murdoch University in Western Australia. Paul earned his Juris Doctor from Marquette University Law School. In law school, Paul clerked at a criminal defense and plaintiff litigation law firm. After law school, Paul spent one year as an attorney in a plaintiff’s personal injury and workers’ compensation firm before joining Hennessy & Roach.
- Marquette University Law School, Juris Doctor, 2011
- University of Wisconsin – Madison, Bachelor of Science in Economics, 2008
- Illinois State Bar Association
- State Bar of Wisconsin
- State Bar of Missouri
- Defense of Workers’ Compensation cases
SIGNIFICANT ARBITRATION DECISIONS
Rebecca Marquis v. Manpower Temporary Services, 14 IWCC 0639
The petitioner was alleging a repetitive trauma injury resulting in carpal tunnel syndrome. The petitioner testified that she developed hand pain and numbness as a result of her job deflashing headlights for Respondent. The petitioner was seeking prospective carpal tunnel surgery, over 100 weeks of TTD and PPD after any awarded surgery. The arbitrator denied the petitioner all benefits for not establishing a causal connection. The Commission affirmed and adopted the arbitrator’s decision.
Stella Hock v. Manpower, 18 IWCC 0215
The petitioner suffered a compensable work accident. The respondent accepted the claim for a right knee contusion. The petitioner ultimately had four spine surgeries. There was over $300,000.00 in medical expenses incurred prior to the arbitration hearing, in addition to petitioner seeking 252 weeks of TTD and PPD for her four spine surgeries. The Arbitrator awarded 2.5% loss of use of the right leg, 3% loss of use of a person-as-a-whole, 8 weeks of TTD and $11,000.00 in medical expenses. The Arbitrator found that the petitioner’s four surgeries were not causally related to her work accident. In a 2-1 decision, the Commission affirmed and adopted the Arbitrator’s decision. This saved the respondent several hundred of thousands of dollars.
Timothy Ooms v. The Andersons, Inc., 16 IWCC 0122 & 16 IWCC 0123
The petitioner filed two claims against the respondent alleging bilateral cubital and carpal tunnel syndromes and low back pain. The petitioner was seeking an award of PPD for bilateral cubital and carpal tunnel surgeries, 75 weeks of TTD, past medical expenses and future medical treatment for the low back. The Arbitrator denied the petitioner all benefits in both claims for failing to prove for both claims that he sustained an injury in the course of his employment and arising out of his employment and that his condition of ill-being was casually related to his two alleged accidents. The Commission affirmed and adopted the arbitrator’s decision.
Melanie Martin v. AT&T a/k/a AT&T Services Inc., 16 IWCC 0609, 2016 MR 760
The petitioner filed a claim against the respondent alleging a low back injury necessitating a two level lumbar decompression surgery. The respondent’s IME physician causally related the accident to the need for surgery prior to the file being referred to our office. I recommended the respondent defend the claim based on accident. The arbitrator found that the petitioner failed to prove that she sustained an injury in the course of her employment and arising out of her employment at the respondent. The Commission affirmed and adopted the arbitrator’s decision. The circuit court of Peoria County confirmed the Commission decision. The Illinois Appellate Court reversed and remanded back to the Commission for further proceedings to determine whether a defect existed on the stairs she fell on.
Barbara Keske v. Adecco USA, 15 IWCC 0728
The petitioner filed a claim for a right shoulder injury. She underwent a right shoulder surgery. Respondent obtained an IME opining that the right shoulder surgery was related to her underlying tendinopathy, a degenerative condition, and not her work accident. The Arbitrator found that Petitioner failed to prove that her current condition of ill-being was causally related to her work injury and awarded 1% of the right hand, 1% of the right arm and 1% of a person-as-a-whole and 16 weeks of TTD for right shoulder, right hand, right elbow and right arm contusions. Petitioner had been seeking an award for related medical expenses for the right shoulder surgery, PPD for the shoulder surgery and additional TTD. The Commission affirmed and adopted the arbitrator’s decision.
Thomas Wiseman v. Meadowbrook Meat Company, 15 WC 08239
The petitioner suffered a compensable right shoulder injury. He was placed at MMI with permanent restrictions that the respondent was not able to accommodate. He obtained other employment earning significantly less than at the respondent. The respondent obtained an IME that found Petitioner capable of returning to his prior full-duty work. At trial, the respondent introduced surveillance video of the petitioner exceeding his work restrictions. The Arbitrator found the petitioner’s testimony not credible. The Arbitrator made an award of 13% loss of use of a person-as-a-whole and declined to award a wage differential. This saved the respondent over $100,000.00.