Local lawyer, firm face malpractice claim over workers' comp case

A DuPage County man is suing a Chicago law firm and lawyer he claims failed to proper represent him in workers' compensation case.

Joseph Gugliuzza filed suit Feb. 24 in Cook County Circuit Court against Capron & Avgerinos PC and attorney Daniel Capron.

According to the complaint, Gugliuzza had engaged the defendants to represent him in a workers’ comp case against his employer, Unique Indoor Comfort, over injuries he sustained to his shoulders, collarbones and other areas in a 2009 industrial accident.

In that case, Gugliuzza maintained that additional injuries to his neck vertebra, although undocumented, caused him to develop fibromyalgia. Despite his insistence that the neck injuries necessitated additional medical treatment, the suit says no further award was made to Gugliuzza following a 2014 arbitration hearing on the matter because his claim couldn't be proven due to insufficient evidence.

Gugliuzza claims his attorneys, the defendants in his legal malpractice suit, failed to obtain medical records to prove his neck injuries were caused by the work incident and therefore were covered by workers' comp. He contends he tried to return to work but was forced to resign due to his physical disabilities.

Citing financial loss and diminished earning potential, Gugliuzza seeks damages in excess of $50,000, plus attorneys’ fees and costs. He is represented by Lombard attorney Thomas F. Howard Jr.

Cook County Circuit Court Case No. 2015L001891.

This is a report on a civil lawsuit filed in Cook County Circuit Court. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and represents only one side of the story.