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Claim Settlement - FitzgibbonsBarry A. Lindaltl, Esq. Corporation Counsel Suite 330, Harbor View Place 300 Mai~ Street Dubuque, Iowa 52001-6944 (563) 5834113 office (563) 583-1040 fax balesq~mwci.net December 10, 2002 Mayor Terrance Duggan and Members of the City Council City Hall - City Clerk's Office 50 West 13th Street Dubuque, IA 52001 RE: Workers, Compensafi(~n Claim Dear Mayor and Council Members: John Fitzgibbons worked for the City of Dubuque Operations & Maintenance Department from approximately 1978 until October 19, 1998 when he was injured while shoveling blacktop. He underwent su~ery and Mr. Fitzgibbons was given a ten percent permanent impairment rating by Dr. Stenberg. Subsequent to the surgery, Mr. Fitzgibbons has had an extensive amount of treatment. Mr. Fitzgibbons filed a Petition with the Workers Compensation Commissioner requesting that he be considered permanently and totally disabled. The Commissioner has approved the attached proposed settlement agreement. I recommend that the City Council approve the proposed settlement agreement for a final settlement of this claim. Ba/ry A. Lindahl, Esq. Ctrporation Counsel BAL:tls Attachment cc: Michael Van Milligen, City Manager BEFORE THE IOWA WORKERS' JOHN P. FITZGIBBONS, Claimant, CITY OF DUBUQUE, Employer/Self-Insured, COMPENSATION COMM DWC NO. 1283291 DWC NO. 1283290 F LED ~S IONER DEC 05 2002 WORKERS'COMPENSA ON (D/I: 10/19/1998) (D/I: 01/25/2000) Defendant. JOINT APPLICATION FOR SETTLEMENT PURSUANT TO SECTION 85.35 OF THE CODE OF IOWA The undersigned parties make application for authorization and approval of a CONTESTED CASE SETTLEMENT pursuant to section 85.35 of the Code of Iowa. 1. A bon~ fide dis~ exists between the parties under Iowa Code subsections 85.35 (8). See attached medical reports. 2. PAYMENT TERMS: Employer/Insurance Carrier will pay to Claimant the amount of $90,757.50. This payment will be made in a lump sum. 3. RELEASE: In consideration of this payment, Claimant releases and discharges the above Employer and Insurance Carrier from all liability under the Iowa Worker's Compensation Law for the above injury. 4. It is further agreed by and between the parties that this settlement was entered into with the understanding that the lump- sum payment of Ninety Thousand Seven Hundred Fifty-Seven & 50/100 ($90,757.50) Dollars represents the final and only award the Claimant, John P. Fitzgibbons, will ever receive from his former Employer and its Carrier with respect to the contested injuries he sustained to his back as the result of his workplace activities and is, therefore, to be allocated to that period of time extending from the date this agreement is approved by the Iowa Worker's Compensation Commissioner through the period of his life expectancy. According to the table set out in Chapter 6 of the administrative rules promulgated bythe Iowa Worker's Compensation Commissioner, see 876 I.A.C. rule 6.3(1) ("Life Expectancy table"~, Claimant, who has a birthdate of February 1, 1951 and is presently 51 years of age, has a remaining life expectancy of 1,310 weeks. Dividing this number of weeks into the settlement amount of $90,757.50 produces the weekly settlement rate of $69.28, a weekly settlement rate which has been ~ envisioned by and is herein stipulated toby each of the parties. STATEMENT OF AWARENESS OF CLAIMANT: Claimant states that he has read the Contested Case Settlement and all attachments thereto and that all statements therein are true to the best of my belief. I further state that I am aware upon receipt of the payment and approval by the Workers' Compensation Commissioner, I am barred from future claims or benefits under the Iowa Workers' Compensation Law for the injury(ies) and the payment shall not be construed as payment of weekly compensation. I understand I have the rights to (1) consult with an attorney of my own choosing and (2) to call the office of the Workers' Compensation Commissioner at (515) 281-5934 for a full explanation of the terms of this document and my rights under the Iowa Workers' Compensation Laws, and that I have either exercised the rights .or wish not to do so. SJ. ROT~ DATE //~! · ITZ~BONS DATE Claimant's Attorney '/Claimant ~ Subscribed and sworn to before me this /_~_ day of ~ 2002. I__ i,,, ,'' ota ~- . ry quo±mc, State of Iowa The Employer/Insurance Carrier consents to the contested case settlement. BY: T~e contDsted case settlement is approved on this b~ day of ~ ~ - % ~ IOWA WORKERS' COMPENSATION COMMISSIONER T~~f~i~rfvided will be open for public inspection under I~£[~e §22.11.