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
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CRENNA M . BRUMWELL , ES� �
CITY ATORNEY
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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.
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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.