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Donoso v. Chicago Messenger Service

Case Conclusion Date: 06.30.2010

Practice Area: Workers Compensation

Outcome: Won at trial and at appellate review

Description: Bicycle messenger injured while returning radio and pager to employer's location. Case denied by employer on the basis that injured worker was not an employee but rather an independent contractor, relying on contract agreement. Case further denied on the basis that injury did not arise out of and in the court of employment. At hearing the arbitrator found that injured worker had proved by a preponderance of the credible evidence that he was an employee (rejecting independent contractor agreement) and that injured workers' accident arose out of and in the course of his employment. Arbitrator awarded workers' compensation and medical benefits of approximately $100,000.00. Award affirmed by panel of three commissioners.

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