Workers' Compensation Settlement Agreement -Mark Weidenbacher Copyrighted
April 16, 2018
City of Dubuque Consent Items # 30.
ITEM TITLE: Workers' CompensationSettlementAgreement- Mark
Weidenbacher
SUMMARY: CityAttorney recommending approval of a Compromise
Settlement Agreement regarding Workers' Compensation
Claim filed against the City of Dubuque by Leisure Services
employee Mark Weidenbacher.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
Reddick Letter Supporting Documentation
Compromise SettlementAgreement Supporting Documentation
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ.``"
CITY ATTORNEY
To: Trish Gleason
Assistant City Clerk
DATE: April 6, 2018
Dubuque
tr
IuI®'
2007.2012
2013.2017
RE: Mark Weidenbacher vs. City of Dubuque — Workers' Compensation Claim /
Compromise Settlement Agreement
Trish:
Attached for the April 16, 2018 City Council agenda is the original Compromise
Settlement Agreement, signed by Mark Weidenbacher and his attorney, regarding the
Mark Weidenbacher Workers' Compensation Claim. Upon approval of the Agreement by
the City Council at its April 16th meeting, I would appreciate it if you would please obtain
the signature of the City Manager and let Tracey know once the Agreement has been
signed, as she will then pick it up and deliver it to Attorney Les Reddick for processing as
this is a time sensitive matter.
Thank you.
CMB:tls
Attachment
F:\Users\tsteckle\Workers Comp - Reddick Cases\Weidenbacher Mark\Gleason_OriginalCompromiseSettlementAgreement_040618.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
THE CITY OF Dubuque
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CRENNA M . BRUMWELL , ESQ. �'_ �
CITY ATORNEY .,�
To: Mayor Roy D. Buol and
Members of the City Council
DATE: April 5, 2018
RE: Mark Weidenbacher vs. City of Dubuque — Workers' Compensation Claim
Attorney Les Reddick, representing the City of Dubuque, is recommending approval of a
Compromise Settlement Agreement regarding a Workers' Compensation claim that was
filed against the City of Dubuque by Mark Weidenbacher. This action is pending before
the lowa Workers Compensation Commission and is set for hearing on May 7, 2018, in
Waterloo.
Mr. Weidenbacher is a retired employee of the Gity of Dubuque Leisure Services
Department and sustained a work-related back injury in 1999 while lifting bleachers. As
a result of Mr. Weidenbacher's injury, he incurred a 25-pound lifting restriction and a 21%
permanent impairment rating which has been paid under the terms of a previous �
agreement for settlement.
We have a tentative settlement for a lump sum payment of$9,750 in exchange for which
Weidenbacher is releasing all future indemnity claims as a result of the July 28, 1999
injury. Payment for future medical bills, if any, related to the injury remain open, because
Medicare would require the City to set aside future medicals anyway, so they really cannot
be closed.
This settlement represents a reasonable resolution of this claim based upon lowa's
Workers' Compensation statute and amounts which could be owed if this matter were to
be tried.
I recommend approval of this Agreement for Settlement.
CMB:tIs
Attachment
cc: Michael C. Van Milligen, City Manager
Randy Peck, Personnel Manager
Les Reddick, Esq.
F:\Users\tsteckle\Workers Comp-Reddick Cases\Weidenbacher Mark\MayorCouncil_WeidenbacherSettlement_040518.docx
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, I�ARBOR VIEW PLACE, 300 �V1AIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)589-4381 /F,vc (563)583-1040/EMai� cbrumwel@cityofdubuque.org
KANE, NORBY& REDDICK, P.C.
AT"I'ORN�YS
Brian J.Kane 2100 ASBURY ROAD,SUITE 2
Les V.Reddick* DUBUQUE,IOWA 52001-3091
Brad J.EIeying
Todd L.Stevenson* Retired:
Kevin T.Deeny** Gary K.Norby
Bcadley B.Kane
Joseph P.Kane
Nicholas J.Kane
David J.Kane
All admitted in Iowa Phone: (563)582-7980
*Also admitted in Illinois Facsunile: (563)582-5312
**t11so admitted in Wisconsin E-mail:lreddick@kanenorbylaw.com
March 29, 2018
Ms. Crenna M. Brumwell
City Attorney
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
RE: MARK WEIDENBACHER V. CITY OF DUBUQUE
WORKERS COMPENSATION SETTLEMENT
Dear Crenna:
Enclosed please find a Compromise Settlement Agreement for submission to the City
Council for approval for Mike to sign. This action is pending before the Iowa Workers
Compensation Commission and is set for hearing on May 7, 2018, in Waterloo.
Mark Weidenbacher is a retired City of Dubuque employee who injured his low back
lifting bleachers on July 28, 1999. This incident was accepted by the City as work-related and
benefits paid accordingly. His doctor assigned a 25-pound lifting restriction and a 21%
permanent impairment rating due to that injury which has been paid under the terms of a
previous agreement for settlement.
The pending action is a review/re-opening in which Weidenbacher claims that his
condition has worsened resulting in his early retirement. If he prevails in proving that the risk is a
finding of total permanent disability, which would require payment by the City of$387.62 per
week for the remainder of Weidenbacher's life. He has a current life expectancy of 19 years
under Iowa's mortality tables. We have denied his claim that his early retirement resulted from
the original injury, but there is a fact question.
We have a tentative settlement for a lump sum payment of$9,750 in exchange for which
Weidenbacher is releasing all future indemnity claims as a result of the July 28, 1999 injury.
Payment for future medical bills, if any, related to the injury remain open, because Medicare
would require the City to set aside future medicals anyway, so they really cannot be closed.
This settlement represents a reasonable resolution of this claim based upon Iowa's
Workers' Compensation statute and amounts which could be owed if this matter were to be tried.
Please submit to the City Council for approval and return with Mike's signature upon receipt of
that approval.
Very truly yours,
KANE,NORBY & REDDICK, P.C.
By
�
Les V. Reddick
LVR/bmo
Enc.
BEFORE THE IOWA WORKERS COMPENSATION COMMISSIONER
MARK WEIDENBACFTER )
)
Claimant, ) File No,: 5043692
)
) Injury (late: 7/28/99
)
VS:, )
)
CITY OF DUBUQUE, )
) COMPROMISE SETTLEMENT
Employer, ) [Iowa Code Section 85,35(3)j (6)
)
SELF INSURED, )
The undersigned parties submit this Compromise Settlement pursuant to Iowa Code section
85.35(3),(6)
A. A dispute exists under the Iowa WorkersCompensation Law, which the parties
seek to resolve by A full and final compromise disposition of claimant's claim for benefits, except
for medical rights under Section 85,26 and 85,27 which remain open. The subject and nature of
the dispute is Employer disputes that any current complaints of pain or problems are causally
related to the July 28, 1999 incident,
B. If claimant is not represented by an attorney; a claimant's statement and evidence
of the dispute is attached. Rule 876 IAC 6,1,
C, Release: Employer will pay claimant a lump sum of $9,750.00 upon approval of
this agreement. This settlement was entered into with the understanding that future medicals
remain open. Claimant releases and discharges the above, employer and insurance carrier from all
other liability under the Iowa Workers' Compensation Law for the above compromised claim.
D. Statement of Awareness of Claimant: I have read the compromise settlement and
attached page(s). 1 understand that the money 1 receive under this settlement is the total amount 1
will receive from my claim and that there will not be a hearing and decision on my claim
aware that if the WorkersCompensation Commissioner approves this compromise settlement and
the employer/insurance carrier pays me the agreed sum, then I am barred from future claims or
benefits under the Iowa Workers' Compensation Law for the injury(ies) compromised. I
understand I may: 1) consult with an attorney of my own choosing, or 2) call the Iowa Division of
Workers' Compensation at (800) 64$-4583, or both in order to receive a full explanation of the
terms of this document and of my rights under the Iowa Workers' Compensation Law, I have either
done o or freely wai e njiy right to do so,
Claim t's Att
/23/47
Date
1154 -
Subscribed and sworn to by claimant before e on this oct day of
2018
wP
SPENCER SMITH -
COMMISSION NUMBEF7g1549'
MY COM 190t1 9,rEs.
rC1 2o
Employer/Insurance Carrier: The employer/insurance carrier consents to the compromise
settlement,
Employer/Insurance Carrier's Attorney
Mike Van Milligen
Employer/Insurance Carrier
Les V. Reddick, Attorney
Date
ORDER
1 find that substantial evidence supports the terms of the foregoing settlement, the
employee knowingly waives hearing, decision, and resulting statutory benefits and the settlement
is a reasonable and informed compromise of the competing interests of the parties. The foregoing
settlement is therefore approved this day of 2018,
Iowa Workers' Compensation Commissioner
The information provided will be open for public inspection under Iowa Code §§ 22.11 and
86.45(1).