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Compromised Workers' Compensation Settlement - Alan VondranCity of Dubuque ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description Staff Memo Reddick Letter Compromise Settlement Agreement Copyrighted October 16, 2017 Consent Items # 7. Compromised Workers' Compensation Settlement - Alan Vo nd ran City Attorney Crenna Brumwell recommending approval of a Compromised Settlement Agreement regarding a Workers' Compensation claim filed by Alan Vondran. Suggested Disposition: Receive and File; Approve Type Staff Memo Supporting Documentation Supporting Documentation THE CITY OF DuB' E MEMORANDUM Masterpiece on the Mississippi CRENNA M. BRUMWELL, E CITY ATTORNEY To: Mayor Roy D. Buol and Members of the City Council DATE: October 6, 2017 RE: Alan Vondran Workers' Compensation Compromise Settlement Agreement Attorney Les Reddick, representing the City of Dubuque, is recommending approval of the attached Compromise Settlement Agreement regarding a Workers' Compensation claim that was filed by Alan Vondran. Mr. Vondran is a mechanic for the City of Dubuque and was in a car accident while working on March 9, 2015. His vehicle was rear-ended and he suffered neck pain. Mr. Vondran was released to full duty on April 14, 2015. Mr. Vondran complained of headaches and memory loss. The City of Dubuque paid Mr. Vondran Workers' Compensation benefits of $10,189.84. Mr. Vondran sued the other driver. Attorney Les Reddick filed a lien in that case for $10,189.84 because under the Workers' Compensation law, the City can recover some of the payments it made to Mr. Vondran from any recovery by Mr. Vondran from the other driver. Mr. Vondran settled with the other driver and City Manager Mike Van Milligen, pending City Council approval, agreed to accept $3,250.00 from the settlement amount to satisfy the City's lien. In return for the reduction of the lien amount, Mr. Vondran agreed to release the city from any future care for the injury. I recommend approval of the Compromise Settlement Agreement. CMB:tls cc: Michael C. Van Milligen, City Manager Randy Peck, Personnel Manager John Klostermann, Public Works Director F:\Users\tsteckle\Workers Comp - Reddick Cases\Vondran Alan\MayorCouncil_Comprom iseSettlementAgreement_100617.docx OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org Brian J. Kane Les V. Reddick* Brad J. Heying Todd L. Stevenson* Kevin T. Deeny** Bradley B. Kane Joseph P. Kane Nicholas J. Kane David J. Kane All admitted in Iowa *Also admitted in Illinois **Also admitted in Wisconsin Crenna M. Brumwell City Attorney Harbor View Place, Suite 330 300 Main Street Dubuque, Iowa 52001-6944 KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IOWA 52001-3091 October 2, 2017 Retired: Guy K. Norby Phone: (563) 582-7980 Facsimile: (563) 582-5312 E-mail: Ireddick@kanenorbylaw.com RE: ALAN VONDRAN WORKERS COMPENSATION SETTLEMENT Dear Crenna: Enclosed a Compromise Settlement Agreement which will be presented to the Iowa Workers' Compensation Commissioner's office. I would ask that this be submitted to the City Council for approval for Mike to sign. If you have any questions, please feel free to contact me. Very truly yours, KANE, NORBY & REDDICK, P.C. By Les V. Reddick LVR/1jw Enc. BEFORE THE IOWA WORKERS COMPENSATION COMMISSIONER ALAN. a VONDRAN ) ) Claimant, ) ;Litigated File No,:5058592 ) Complianee File No.: 1596526 ) Injury date: 3/9115 ) vs. ) ) CITY OF DUBUQUE; ) ) COMPROMISE SETTLEMENT Employer, ) [Iowa Code Section 85.35(3)] ) SELF 1NSURED. ) The .undersi gnedparties sub compromise 'Settlement pursuant to Iowa Code section 85.3:5(3). A,.. A dispute existsunder the Iowa WOrkersCompensation 'Law, which the partes seek to resolve by a full and. final Corriprarnise dispoSitiOn of.claithant'sclaim for 'benefits... The subject and nature of the dispute is Employer disputes. that .any current complaints 'Of pain, or problems are Causally related to.the March .9; 2015.incident, .(See attached medical;report),. B. Claimant :filed. a lawsuit against a third party for these injuries. Ettployer :filed .a lien in that lawsuit for the tota1arnountod';10.,.189-.:84 (see attached). Clamant: as settled .the.third party action for $26,000, As considerationfor thiS.'coMprOMISe .settlement,.eMployer has agreed. to waive all of the lien except $3',;50.00, Which Claimant will pay to employer frOrn.the..settleinent.. C, Release: In ebilsidefatibil Of this payment, .plaimant. releases and „discharges the .above employer and insurancefrom .alil lability under the Iowa Workers"' Cornpensatiort Law for the .above compromised clahn, 0..atement of Awareness of ClaimantI have read the compromise settlement :and attache.d.page(s). I understand that the money.I receive tinder this settlement is the total 'amount 1 receive from, my claim and that there will not be a hearing and decision on my claim, 1.ain aWarethatif the Workers' Compensation CO missioner approves this compromise ettlement.and the employer/insurance carrier pays me the. agreed :sum, then 1 am barred frorn fittureelainisor benefits 'under the Iowa Workers! Compensation Law for the injury(ies) compromised: j understand I.may-; 1)..consult.v‘iith an attorney of tny Own 'Chooshig,'Ot 2) call the lewa Division of Workers" Compensation at (515).28.1,5387, or both, in order.to receive a full explanation Of the terms of this document and of my rightsunder theIowa Workers! Compensation Law. have either. done so or eely ve ir right to do so. Claim Subscribedand sWorn 2017 tu 15yel Date Keer 0'7 Claimant Date imant before me on thisAIA day of Jtv fthi b r JEANNE HEFEL Commission Number 766521 My Comm. Exp—LL-alt) ..41' Notary 1kb1ic Employer/insurance Carrier: The employer/insurance.carrier consents' t� the compromise settlement. EmplOyer/InSt attier'S Attorney Employer/Insurance carrier.. Michael C. Van Milligen, City Manager Date -bate ORDER I find that substantial evidence supports the termsof the foregoing settlement. the employee knowingly waives hearing deejsion, and resulting statutory benefits and the settlement is a reasonable and informed compromise ofthe competing interests of the parties The foregoing settlement is therefore approved lhis .6y of 2017.. loWa WOrker8',.Compensatioh Commissioner The .inforrntigh..providcd will be. °pep -for public liwection unOet:I.o Wa. Code .§§ 221.1 .and 86.45(1). 14-0025 (7/05) E -FILED 201i NPR 04 2:46 PM DUBUQUE - CLERK OF DIS i RICT COURT IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY ALAN G. VONDRAN, Plaintiff, vs, NICK ANAGNOS and AIR -LAND TRANSPORT SERVICE, INC. a/k/a AIR -LAND TRANSPORT and MANAGEMENT INVESTMENT CORPORATION, Defendants. ) ) ) No. 01311 LACV105889 CHAPTER 85.22 WORKERS' COMPENSATION LIEN COMES NOW, the City of Dubuque, pursuant to Chapter 85.22 and files this Notice of Lien for workers compensation benefits paid to Plaintiff and shall have a lien on the claim in this matter for such recovery and judgment as may be .made by Plaintiff up to the amount of the lien, which is currently $10,189.84. CITY OF DUBUQUE r+ �} By r tt Les V. Reddick, AT0006571 KANE, NORBY & REDDICK.,.P.C. 2100 Asbury Road, Suite 2 Dubuque, IA 52001 Phone: (563) 582-7980 Facsimile:. (563) 582-5312 Email: lreddick@kanenorbylaw.com ATTORNEYS FOR CITY .OF DUBUUQE CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon all parties to the above cause or to their attorneys of record whose names d addresses appear below this Certificate on the L day of \ ,2017, by: US Mail Facsimile Hand Delivery tJPS/FedEx Email ECF Other: ` f Signature - r✓\'D ail. Page 1 of 2 E -FILED 2017 /APR 04 2:46 PM DUBUQUE - CLERK OF RICT COURT Copy to: Robert E. Sabers 3003 Asbury Road, Ste. 1 Dubuque, IA 52001 Page 2 of 2 THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL MEMO To: Kevin Firnstahl City Clerk DATE: October 9, 2017 RE: Item for 10/16/17 Council Agenda — Alan Vondran Workers' Comp Claim Settlement Kevin: Attached for the October 16, 2017 City Council meeting is the original Compromise Settlement Agreement for regarding the Alan Vondran Workers' Comp claim. Once it is approved by the City Council and signed by the City Manager, I would appreciate it if you would forward the original executed Agreement to me for processing. Thanks. O F:\Users\tsteckle\Workers Comp - Reddick Cases\Vondran Alan\Firnstahl_OriginalAgreement_100917.docx OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL tsteckle@cityofdubuque.org