Workers' Compensation Compromise Settlements_Terry K. DolanTHE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDA
CITY ATTORNE
To:
DATE:
RE:
Mayor oy D. Buol and
Membe s of the City Council
September 27, 2011
Terry K. Dolan Workers' Compensation Compromise Settlements
Attached is correspondence from Les Reddick requesting that two Compromise
Settlements of Workers' Compensation claims for Terry K. Dolan be approved for the
City Manager to execute.
I concur with Les' recommendation.
BAL:tls
Attachment
cc: Michael C. Van Milligen, City Manager
Randy Peck, Personnel Manager
Les Reddick, Esq.
F:\ USERS \tsteckle \Lindahl\ Memos\ MayorCouncil _DolanWkrsCompClaims_092711.doc
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
KANE, NORBY & REDDICK, P.C.
ATTORNEYS
2100 ASBURY ROAD, SUITE 2
DUBUQUE, IOWA 52001 -3091
September 27, 2011
Mayor Buol and Council Members
City Hall - City of Dubuque
50 W 13th Street
Dubuque, Iowa 52001
Retired:
Gary K. Norby
Phone: (563) 582 -7980
Facsimile: (563) 582 -5312
E -mail: Ireddick@kanenorbylaw.com
RE: DOLAN WORKERS' COMPENSATION COMPROMISE SETTLEMENTS
Dear Mayor Buol and Council Members:
Attached are two Compromise Settlements of workers' compensation claims for Terry K.
Dolan. These agreements will close the file on both injuries and I would ask the Council for its
approval for the City Manager to execute the Agreements so that I can forward them to the
Workers' Compensation Commissioner for processing and approval.
Very truly yours,
KANE, NORBY & REDDICK, P.C.
By
Les V. Reddick
LVR/bmo
Encs.
BEFORE THE IOWA WORKERS' COMPENSATION COMMISSIONER
TERRY K. DOLAN,
Claimant,
vs.
CITY OF DUBUQUE, IOWA,
Employer.
Contested Case File No.: 5022597
Compliance File No.: 1459688
Date of Injury: 11 -9 -06
COMPROMISE SETTLEMENT
[Iowa Code Section 85.35(3)]
The undersigned parties submit this Compromise Settlement pursuant to Iowa Code
Section 85.35(3).
1. A dispute exists under the Iowa Workers' Compensation Law which the parties
seek to resolve by a full and final compromise disposition of Claimant's claim for benefits for the
above - referenced injury date. Dolan was in a motor vehicle accident during the course of his
employment on November 9, 2006. The parties dispute arising out of, causation and nature and
extent with respect to any injuries sustained in that accident. As a result of that accident Dolan
filed a third-party lawsuit against the driver of the other motor vehicle. A mediation was held on
September 13, 2011 in which the participants included Dolan, the City of Dubuque and the
insurance carrier for the third-party driver. All participants were represented by attorneys. As a
result of that mediation the auto liability carrier agreed to pay Dolan $15,000 to settle that claim.
The City of Dubuque agreed to waive entirely its subrogation lien under Chapter 85 which is in
the amount of $26,473.73. Dolan agreed to enter this Compromise Settlement to close the file on
any further benefits that he may otherwise be entitled to from the City of Dubuque as a result of
the November 9, 2006 accident.
2. As a compromise of their competing interests, the parties agree to the payment
and other terms of settlement contained in the attached page(s) or as follows:
3. Release: In consideration of this payment, claimant releases and discharges the
above employer and insurance carrier from all liability under the Iowa Workers'
Compensation Law for the above compromised claim.
4. Statement of Awareness of Claimant: I have read the compromise settlement and
attached page(s). I understand that the money I receive under this settlement is the
total amount I will receive from my claim and that there will not be a hearing and
decision on my claim. I am aware that if the Workers' Compensation
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 (515) 281 -5387, 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 so or freely waive my right
to do so.
Claimant's Attorney Date Claimant Date
Subscribed and sworn to by clamant before me on this day of
, 20
Notary Public
Employer /Insurance Carrier: The employer /insurance carrier consents to the compromise
settlement.
Employer /Insurance Carrier's Attorney Date
Employer /Insurance Carrier
/r/6 j(
Date
ORDER
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 -0025 (7/05)
BEFORE THE IOWA WORKERS' COMPENSATION COMMISSIONER
TERRY K. DOLAN,
Claimant,
vs.
CITY OF DUBUQUE, IOWA,
Employer.
Contested Case File No.: 5036680
Compliance File No.: 1530199
Date of Injury: 7 -27 -07
COMPROMISE SETTLEMENT
[Iowa Code Section 85.35(3)]
The undersigned parties submit this Compromise Settlement pursuant to Iowa Code
Section 85.35(3).
1. A dispute exists under the Iowa Workers' Compensation Law which the parties
seek to resolve by a full and final compromise disposition of Claimant's claim for benefits for the
above - referenced injury date. Dolan was in a motor vehicle accident during the course of his
employment on July 27, 2007. The parties dispute arising out of, causation and nature and extent
with respect to any injuries sustained in that accident. As a result of that accident Dolan filed a
third -party lawsuit against the driver of the other motor vehicle. A mediation was held on
September 13, 2011 in which the participants included Dolan, the City of Dubuque and the
insurance carrier for the third-party driver. All participants were represented by attorneys. As a
result of that mediation the auto liability carrier agreed to pay Dolan $350,000 to settle that
claim. The City of Dubuque agreed to pay an additional $25,000 and waive entirely its
subrogation lien under Chapter 85 which is in the amount of $234,626.01. As consideration for
those payments Dolan agreed to enter this Compromise Settlement to close the file on any further
benefits that he may otherwise be entitled to from the City of Dubuque as a result of the July 27,
2007 accident.
2. As a compromise of their competing interests, the parties agree to the payment
and other terms of settlement contained in the attached page(s) or as follows:
3. Release: In consideration of this payment, claimant releases and discharges the
above employer and insurance carrier from all liability under the Iowa Workers'
Compensation Law for the above compromised claim.
4. Statement of Awareness of Claimant: I have read the compromise settlement and
attached page(s). I understand that the money I receive under this settlement is the
total amount I will receive from my claim and that there will not be a hearing and
decision on my claim. I am aware that if the Workers' Compensation
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 (515) 281 -5387, 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 so or freely waive my right
to do so.
Claimant's Attorney Date Claimant Date
Subscribed and sworn to by clamant before me on this day of
, 20
Notary Public
Employer /Insurance Carrier: The employer /insurance carrier consents to the compromise
settlement.
Employer /Insurance Carrier's Attorney Date
Employer /Insurance Carrier Date
ORDER
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 -0025 (7/05)