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