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Workers' Compensation Settlement Agreemetn for Albert Weidenbacher Copyrighted January 7, 2019 City of Dubuque Consent Items # 21. ITEM TITLE: Workers' Compensation SettlementAgreementforAlbert Weidenbacher SUMMARY: CityAttorney recommending approval of a Workers' Compensation SettlementAgreementwith Leisure Services seasonal employee Albert Weidenbacher. SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve ATTACHMENTS: Description Type Staff Memo Staff Memo Reddick Letter Supporting Documentation Agreementfor Settlement Supporting Documentation THE CITY OF Dubuque � u�•I�riea Ciry U B E .��.�,�.�.�. 1II � ��r Masterpiece on the Mississ' Z°°'�Zo12 � 2013•2017 �—� CRENNA M . BRUMWELL , ES� � CITY ATORNEY � To: Mayor Roy D. Buol and Members of the City Council DATE: December 20, 2018 RE: Albert Weidenbacher Workers' Compensation Settlement Attorney Les Reddick, representing the City of Dubuque, is recommending approval of the attached Agreement for Settlement regarding a Workers' Compensation claim that was filed against the City of Dubuque by Albert Weidenbacher. This action is pending before the lowa Workers Compensation Commission and is set for hearing on January 24, 2019. Mr. Weidenbacher is a seasonal employee of the City of Dubuque Leisure Services Department and sustained a work-related neck injury in 2016. As a result of Mr. Weidenbacher's injury, he incurred a 25-pound lifting restriction and a 17% impairment rating by a doctor retained by the City. We have a tentative settlement through the use of an independent mediator. In addition to the 17% rating, Mr. Weidenbacher is entitled to industrial disability benefits based on the rating and the significant lifting restriction. The Settlement Agreement is for an additional 23% industrial disability, totaling $37,605.00, which will be paid at $327 for 115 weeks, and the file will remain open for possible future benefits, if any. This settlement represents a reasonable resolution of this claim based upon lowa's Workers' Compensation statute. 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 AI\MayorCouncil_WeidenbacherSettlement_122018.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/EMai� cbrumwel@cityofdubuque.org KA.NE, NORBY & REDDICK, P.C. �rroRNrl�s Arian J. I{anc ?100 ASBURY I20AD,SUI'1'P 2 Les V. lieddicl<* llUBUQU�,IOWA 520013091 Brad J. Hcying '1'odd L.Stevcnsoo* Retired: Kevi��'P.Deeny** Gary K.Naiby Bradley R. ICane ]osepli P.1<ane Nicholas]. Kone David J. Kane �VI udmiCecd in Iowa Phone: (563) 582-7980 *Also admittcd in 1W��ais Cacsimile: (563) 582-5312 '*Also admittcd in Wisca�sio 1�mail: Ireddidc@Ica�enocbylaw.com December 20, 2018 Ms. Crenna M. Brumwell City Attorney Suite 330, Harbor View Place 300 Main Street Dubuque, Iowa 52001-6944 RE: EMPLOYEE: ALBERT WEIDENBACHER WORKERS COMPENSATION SETTLEMENT Dear Crenna: Enclosed please find an Agreement for Settlement for this workers' compensation claim filed by employee A1 Weidenbacher. This case is set for hearing befare a Workers Compensation Deputy on January 24, 2019. Mr. Weidenbacher is a seasonable employee in the Parks Division of the Leisure Services Department. On October 26, 2016 he injured his neck in the course of his employment for the City. He eventually had neck surgery and was given a 25 pound lifting restriction, which is perinanent He was also given a 17% impairment rating by a doctor retained by the City. The City is voluntarily paying the amount of the rating ($27,795). This matter was settled through the use of an independent mediator. In addition to the 17% rating, Mr. Weidenbacher is entitled to industrial disability benetlts based upon the rating and the significant liftiug restriction which limits his employment opportunities. The Settlement Agreement is for an additional 23% industrial disability, which Cotals $37,605. This will be paid in weekly payments of$327 for 115 weeks. No lump sum payment is being made. In addition, the file remains open for future benefits, should there be any. I believe the settlement is fair and reasonable under Iowa's Workers Compensation statute and reflects what would most likely happen if we Yried the case. I would ask that you forward this to the City Council far approval for the City Manager's signature. I will then process through the Workers' Compensation Commission. Very truly yours, ICAIV�, NORBY & REDDICK, P.C. By �r''� Les V. Reddick LVR/bmo Enc. BEFORE THE IOWA WORKERS' COMPENSATION COMMISSIONER Al. Weidenbacher Claimant, : Contested Case File No. 5059531 vs. : Compliance File No. City of Dubuque Employer, 1631244 Injury Date: 10/26/2016 and AGREEMENT FOR SETTLEMENT Iowa Code Section 85.35(2) Self -Insured Insurance Carrier, Defendants. The undersigned parties submit this Agreement for Settlement to the Workers' Compensation Commissioner for approval. The parties agree: 1. Claimant sustained an injury arising out of and in the course of employment with Employer on 10/26/2016 (date). 2. Jurisdiction exists because the injury occurred in Iowaa)OR lowa Code section 85.71( ) applies. (Circle one.) 3. Claimant is arried single (circle one), entitled to 2 exemption(s) and gross weekly earnings are $ 476.00 using Iowa Code section 85.36(6 ), The rate of weekly compensation is $ 327.00 . (If the rate for PPD differs it is $ per week.) 4. The injury caused Claimant to sustain the following disability and resulting entitlement to compensation: a. Temporary total disability/temporary partial disability/healing period compensation for weeks from (date) thru (date). Iowa Code sections 85.33, 85.34(1). (A detailed description may be attached.) b. Permanent partial disability for 40 % loss of whole body (member or earning capacity) resulting in 200 weeks of compensation under Iowa Code Section 85.34(2)(4 ) payable commencing 6/14/2018 (date). c. Other compensation or benefits consisting of 5. Benefits that accrued and were paid are shown in the attached payment activity report (PAR), dated 11/08/2018 Benefits that remain to be paid are 160 weeks, weekly from November 8, 2018 6. The employer/insurance carrier shall file a final electronic Subsequent Report of Injury [SROI (FN)] and mail Claimant a PAR that contains the information in the final SROI, including the date that weekly compensation was last paid. Rules 876 IAC 2.6, 3.1(2), and 11.7. 7. This settlement waives a hearing, decision, and resulting statutory benefits. It is subject to review -reopening for three years following the last date that weekly compensation is paid. Iowa Code sections 85.26(2) and 86.14. 8. Claimant is entitled to medical care for the injury, including care in the future. Iowa Code sections 85.26(2) and 85.27. (A detailed description may be attached.) 9. Evidence that corroborates this settlement is attached, A Claimant's Statement is attached if claimant is not represented by an attorney. WHEREFORE, the parties re uest that this e lement be aiproved. Claim Date 7hi Employer/Insurer Michael C. Van Milligen /o ?d Claimant's Att 49-4746' Date ORDER Employer/Insurer's Attorney Date Les V. Reddick I 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 , 20 Iowa Workers' Compensation Commissioner The information provided will be open for public inspection under Iowa Code §§ 22.11 and 86.45(1). 14-0021 (02/15) IOWA ORKI-40RCE DEVELOPMENT Snygl.ges,Ps.