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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 � A�•�� U L � �-..nx..�rnv-n r: _ � I I '•� I Masterpiece on the Mississippi� � �°'�2°l2 � �� 2013•2017 \ y -� 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).