Guy N. MarasGuy N. Maras
gmaras@hennessyroach.com

Professional Affiliations

Workers’ Compensation Lawyers Association
 Advocates Society
Illinois State Bar Association
Greater Peoria Claims Association

Practice Area

Defense of Workers’ Compensation claims

Social Affiliations

Union League Club of Chicago – Director, Chairman of the Membership Committee

Significant Arbitration Decisions

1. Lewis v. ANR Advance Transportation

Petitioner was employed as a City Driver and alleged that he dropped a box on his left foot sustaining a fracture to the left great toe. Petitioner lost six weeks from work and sustained numerous medical bills. Petitioner presented to an emergency room on the date of accident. Although the accident was unwitnessed, Respondent denied compensation. At arbitration, Petitioner testified that he was injured during the course of his employment. Respondent admitted into evidence the emergency room records where the doctor noted that Petitioner’s hemitoma was yellow and green in color thus indicating an accident that was at least ten days old. The evidence indicated that Petitioner’s accident could not have occurred as reported so the Arbitrator denied compensation.

2. Ragsdale v. Power Construction

Petitioner alleged that she was injured during the course of her employment as a carpenter when she was handing a board to another employee and noticed pain in her chest and back. Petitioner began to lose time from work and began treating with several doctors including a chiropractor. Even though compensability was disputed, Respondent offered $125,000.00 to settle. Petitioner refused stating that she was permanently and totally disabled and demanded $250,000.00. At trial Petitioner presented the testimony of her vocational rehabilitation specialist who on cross-examination admitted that Petitioner was capable of working. Petitioner also presented the testimony of her chiropractor whose bill exceeded $40,000.00. On direct examination, the chiropractor testified that he first treated Petitioner after the accident at issue. He also testified that his bills were reasonable and necessary. On cross-examination the doctor was confronted with records which proved that he had, in fact, treated Petitioner for a car accident prior to the accident at issue. Ultimately, the Arbitrator denied compensation in its entirety. The Industrial Commission reversed the Arbitrator in part stating that the accident occurred but also denied TTD and medical. The Circuit Court affirmed the Commission in part but remanded the case to the Industrial Commission for further hearings in order to determine whether Petitioner is entitled to a wage differential under section 8(d)1. Mr. Maras has since left the firm for whom he worked at the time this case was defended. Further litigation is being handled by that firm.

3. Blazic v. Merrill Lynch

Petitioner alleged that she sustained bilateral carpal tunnel syndrome as a result of her employment as an administrative assistant. On direct examination, Petitioner alleged that the repeated tasks of her employment caused her symptoms and that she reported her complaints to her supervisor. On cross-examination, Petitioner provided the name of the person to whom she allegedly reported her complaints. She also admitted that her claim not filed until she had already filed an age discrimination suit against Respondent. During a recess, Respondent’s counsel located the supervisor to whom Petitioner allegedly reported her condition. The individual denied receiving notice. Later, she appeared and provided compelling testimony. The Arbitrator denied benefits on the basis of notice. The case settled on a disputed basis for $1,000.00.

4. Colin v. Advance Transformer Co.

Petitioner allegedly sustained an injury to his low back and underwent surgery. At arbitration the Arbitrator found the case compensable under section 19(b). The case was then re-heard at arbitration and the Arbitrator awarded Petitioner permanent and total disability benefits. The case was then assigned to Mr. Maras who filed an appeal to the Industrial Commission. The Industrial Commission reduced the Arbitrator’s award from permanent total disability benefits to 5% loss of use man as a whole and was later settled on contracts.

5. Sikora v. Rose Exterminating

Petitioner, was employed as an exterminator, alleged that he was working underneath some cabinets, stood up, and noticed pain in his low back. He testified that he was taken to the hospital via ambulance and admitted for several days. Depositions were taken and it became apparent that to some of his treating doctors, Petitioner stated that he stood up to answer his pager and was reaching for the telephone when the onset of pain occurred. Respondent argued that under Board of Regents v. Industrial Commission, Petitioner did not sustain an accident because his testimony simply indicated that he stood up from a crouched position and noticed pain. The Arbitrator held that the act of arising from a crouched position does not equal an accident under the Act and compensation was denied. The case was never appealed by Petitioner and no money was paid by Respondent.

6. Pavlik v. Midway

Petitioner was employed as a desk attendant for several years in the terminal at Midway Airlines. She testified that throughout her workday, she was repeatedly exposed to the sound of take-offs and landings. Petitioner introduced evidence that demonstrated her hearing deficit as well as a government study documenting the excessive noise levels at Midway Airport. On cross-examination Petitioner admitted that she lived near Midway Airport for most of her life and could hear the air traffic from her home. Respondent also produced a hearing test taken at the time Petitioner was hired which documented her pre-employment audio deficit. The Arbitrator denied compensation.

7. Jacoby v. Pep Boys, Inc

Petitioner spent several years working as an auto mechanic. After being employed by Respondent for only ten days, he complained of carpal tunnel symptoms. At arbitration, the Arbitrator held Respondent liable. On appeal to the Industrial Commission, Mr. Maras noted that the treating doctor’s opinion was tenuous on causation while Respondent’s evaluator stated that the Petitioner’s condition was not related to his brief employment with Respondent. The Industrial Commission reversed the Arbitrator’s findings in their entirety and denied compensation.

8. Lori A. Rouse v. Eagle Country Market

Petitioner filed an Application for Adjustment of Claim alleging that she was unloading a product in the meat department cooler. The petitioner was taking boxes off of a skid and placing them on her cart. According to her statement, while lifting the product she was squatting and slightly bent forward. While moving a box from the skid to the cart she felt a pull in her back and fell to her knees.

The Arbitrator held that the petitioner failed to produce evidence sustaining a work related injury and benefits were denied.

9. Randall Means v. Lucent Technologies, et. al

Petitioner filed an Application for Adjustment of Claim alleging asbestos exposure during the course of his employment on April 26, 2001. The petitioner presented testimony and documentary evidence to support his claim. On cross-examination, the respondent was able to establish that the petitioner was not an employee of Lucent Technologies but rather with another respondent. Citing failure to establish an employer/employee relationship, the Arbitrator denied benefits.

10. Todd Stokes v. Commonwealth Edison

The petitioner was involved in a motor vehicle accident at work. Interestingly, the petitioner’s treating doctor viewed the petitioner’s vehicle noting “A small amount of damage noted to the driver’s door with some scratches and a slight deformity in the left front quarter panel.” The petitioner complained of some tingling sensations in the right arm but denied any head injuries. He also complained of mid left neck pain. The treating physician noted a cervical strain but also complaints of right upper extremity paresthesias in a non-anatomic distribution.

The petitioner exercised his right to another opinion and began treating with another physician who ordered an MRI study. The MRI demonstrated an annular bulging at the C4-C5 level and was also diagnosed with “tennis leg.” The petitioner underwent physical therapy and was eventually returned to work full duty.

The respondent’s Section 12 physician noted the treating physician’s reference to pain complaints and a “non-anatomic distribution.” The evaluating physician also noted evidence of significant symptom magnification. The evaluation physician also commented that petitioner’s complaints were subjective only and “unbelievable.”

The respondent elected to take the case to trial rather than simply award an employee with benefits when symptom magnification was noted. The petitioner submitted a proposed decision awarding him 10% loss of use to the person as a whole and 10% loss of use of the left leg for a total of $30,240.00. The Arbitrator’s award on permanency was for $5,184.00.

Presentations

1998

April 7, 1998 Overview of Illinois Workers’ Compensation Act and Claims Handling
- Presented to Supervisors and Claims Adjusters of Travelers Insurance Company, Naperville, IL.

August 12, 1998 The Workers’ Compensation System from the Medical Providers’ Perspective
- Presented to Northwestern Memorial HealthSouth Neck and Back Institute, Chicago, IL.

1999

May 7, 1999 Overview of Illinois Workers’ Compensation Act
- Presented to participants of seminar sponsored by Lohrman Business Services, Chicago, IL.

September 23, 1999 Overview of Illinois Workers’ Compensation Act and Claims Handling
- Presented to Supervisors and Claims Adjusters of Monroe Guaranty Insurance Company, Indianapolis, IN.

September 28, 1999 Claims Prevention and Handling for the Self-Insured company
- Presented to legal counsel, risk management, and plant managers of Nestle USA, Inc. and Claims Staff of Travelers Insurance, at Nestle plant in Franklin Park, IL.

October 7, 1999 Overview of Illinois Workers’ Compensation Act
- Presented to participants of seminar sponsored by Lohrman Business Services, Itasca, IL.

December 6, 1999 Subpoena Practice under the Illinois Workers’ Compensation Act
- Presented to American Health Information Management Association at Lutheran General Hospital, Park Ridge, IL.

2000

May 10, 2000 Overview of the Illinois Workers’ Compensation Act and Practice
- Presented to the American Society of Safety Engineers, Rockford, IL.

2004

January 20, 2004 Preparation for Medical Depositions
- Presented to the Illinois Institute of Continuing Legal Education, Chicago, IL.