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Workers' Compensation Settlement Agreement_DeMossMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Randall A. DeMoss v. City of Dubuque DATE: March 31, 2011 Attorney Les Reddick is recommending approval of Agreements of Settlement with respect to two workers' compensation claims filed by City employee Randall A. DeMoss. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Crenna Brumwell, Assistant City Attorney Les Reddick, Kane, Norby & Reddick, P.C. Michael C. Van Milligen Dubuque beitti AII•America City 1 2007 Brian J. Kane Les V. Reddick* Brad J. Heying Todd L. Stevenson* Kevin T. Deeny ** Bradley B. Kane Joseph P. Kane Nicholas J. Kane All admitted in Iowa *Also admitted in Illinois * *Also admitted in Wisconsin Mayor Buol and Council Members City Hall - City of Dubuque 50 W 13t Street Dubuque, Iowa 52001 LVR/bmo Encs. KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IOWA 52001 -3091 March 23, 2011 RE: RANDALL A. DEMOSS V. CITY OF DUBUQUE Dear Mayor Buol and Council Members: Retired: Gary K. Norby Phone: (563) 582 -7980 Facsimile: (563) 582 -5312 E-mail. ireddick @kanenorbylaw.com Enclosed please find Agreements for Settlement with respect to two workers' compensation claims filed by Randall A. DeMoss against the City of Dubuque. These Agreements reflect settlements within the authority granted by the City Council and at this point we need your authority for City Manager Van Milligen to sign them. After the Agreements are returned to me, I will sign them and forward to the Workers' Compensation Commissioner for approval. Very truly yours, KANE, NORBY & REDDICK, P.C. By v' L Les V. Reddick Randall A. DeMoss BEFORE THE IOWA WORKERS' COMPENSATION COMMISSIONER Claimant, vs. City of Dubuque and Employer, 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 4/21 /08 (date). 2. Jurisdiction exists because the injury occurre 85.71( ) applies. (Circle one.) 3. Claimant is married/ .ingl- (circle one), entitled to 1 exemption(s) and gross weekly earnings are ', 862.15 using Iowa Code section 85.36( ). The rate of weekly compensation is $ 511.15 . (If the rate for PPD differs it is $ per week.) : Contested Case File No. 5032615 : Compliance File No. Injury Date: 4/21/08 AGREEMENT FOR SETTLEMENT Iowa Code Section 85.35(2) R Iowa Code section 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 39 weeks from 10/9/08 (date) thru 7/1/09 (date). Iowa Code sections 85.33, 85.34(1). (A detailed description may be attached.) b. Permanent partial disability for 28 % loss of whole body (member or earning capacity) resulting in 140 weeks of compensation under Iowa Code Section 85.34(2)C u ) payable commencing 7/9/09 (date). c. Other compensation or benefits consisting of IME expense of $3,243. 5. Benefits that accrued and were paid are shown in the attached payment activity report (PAR), dated Benefits that remain to be paid are 19% or 95 weeks. 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 SRO!, 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 tc review- reopening for three years following the last date that weekly compensation is paid. Iowa Code sections 85.25(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 request that this ttllement b _.111 A Al ' kV 2, Claimant Date / e (//( Empl er /Insurer Vit 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 lowa Code §§ 22.11 and 86.45(1). 14 -0021 (7 -05) IOWA,. W0RKF0RcE DEVELOPMENT Smart RcsLeis. ORDER Claimant's orne roved. c 7// Date Employer /Insurer's Attorney Date