Brian A. Rudd has over a decade of experience defending employers in workers’ compensation claims and subrogation matters in addition to counseling employers in exposure mitigation.
After being recognized as a top-performing associate, Brian joined Nyhan as a partner bringing his extensive experience and insight to clients in Illinois and Indiana.
Brian believes the practice of law should be tailored to the needs of each client individually. He takes a dynamic approach to resolving claims with a focus on the ideal outcome.
Prior to joining the firm, Brian was a Judicial Extern to Judge Alexander P. White with the Cook County Circuit Court. Brian’s career has since exclusively focused on defending employers.
Brian holds a Commercial Pilot Certificate with Multi-Engine and Instrument ratings. In his spare time, Brian enjoys spending time with his family and their two Alaskan Malamutes.
- Illinois State Bar Association
- Workers’ Compensation Lawyers’ Association
- Represented an employer client in an Indiana case where the Plaintiff alleged a shoulder injury while passing material up to colleagues higher on a scaffold. An investigation revealed a medical history of prior shoulder pain, and that the Plaintiff was not working on the scaffold on the alleged date of the accident. The defendant was able to preserve defenses and the judge found that Plaintiff failed to meet his burden of proof that he suffered a compensable accident. As a result, all medical, temporary total disability, and permanent partial impairment benefits were denied.
- Represented an employer client in an Illinois case where the Petitioner suffered a compensable injury that required surgery. Upon completion of medical treatment, the employer offered to accommodate the permanent restrictions, which the Petitioner refused and claimed he was unable to perform basic activities of daily living, including driving. When confronted with a speeding ticket he received during the time frame he alleged he was unable to drive, Petitioner testified that his adult-male cousin was actually driving and that he bribed the state trooper to take his license and issue the ticket because his cousin did not have a valid license. Dash-cam video and the state trooper’s testimony proved otherwise. Not only was Petitioner’s demand for wage differential benefits denied, but he also ultimately pleaded guilty to felony perjury as a result of his testimony during the workers’ compensation hearing.
- Represented an employer client in an Illinois case where Petitioner alleged injuries to his bilateral shoulders and neck due to a variety of physical activities he allegedly performed at different workstations within a candy factory. In furtherance of his claims, Petitioner exaggerated the lifting requirements of his job and also exaggerated the pace at which he was required to work. Petitioner attempted to report an alleged injury to management but became distracted during the conversation and failed to report an accident. Petitioner also failed to provide medical evidence to support a causal connection between the alleged injuries and the work activity. At trial, Respondent was able to present multiple witnesses and evidence that Petitioner did not perform the alleged activity or was not present at the claimed workstation at the time of the alleged injury. The arbitrator found that Petitioner was not credible and denied all benefits.
- Represented an employer client in an Illinois case where the Petitioner alleged bilateral carpal tunnel and cubital tunnel claims due to alleged repetitive motions while working in a candy factory. A thorough investigation revealed that the Petitioner had been off work on FMLA for complications related to pregnancy in the months leading up to the alleged manifestation date and that she returned from medical leave only a few days before alleging the first injury, not long enough to develop carpal tunnel syndrome and an arbitrator denied all benefits. The second alleged repetitive trauma injury allegedly occurred over a year later and included the same hand and wrist complaints as the original claim. A qualified hand specialist testified the Petitioner suffered from known contributing factors for carpal tunnel syndrome, and that her work activity lacked forceful flexion and extension of the wrists necessary to cause the injury. The arbitrator found the examining doctor to be credible and denied all benefits.
- Represented an employer client in an Illinois case where an employee in her 20s working at a canning factory performing quality control filed a workers’ compensation claim against another employer for cubital tunnel syndrome an alleged rotator cuff tear. Petitioner testified that her job at the was heavy and repetitive. Investigation revealed there were only three sizes of cans produced at the facility – 1 pound, 2 pounds, and 6 pounds, and that the process allowed significant time to rest. The arbitrator found Petitioner lacked credibility and denied all benefits. On review, the Commission agreed that the Petitioner’s credibility was questionable, and found that no compensable manifestation date could be established under case law while considering the Petitioner’s testimony in relation to the medical records. The Arbitrator’s denial of all benefits was affirmed.
Pro Bono Representation
- Represented U.S. Army Soldier in child support modification matter where wage withholdings exceeded allowable guidelines for the American Bar Association Military Pro Bono Program.