Workers' Compensation Settlement Agreement_StrohmeyerTHE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Mayor Roy D. Buol and
Members of the City Council
DATE: March 18, 2013
RE: Wayne Strohmeyer vs. City of Dubuque — Workers' Compensation Claim
Attorney Les Reddick, representing the City of Dubuque, is recommending approval of
an Agreement for Settlement regarding a workers' compensation claim that was filed
against the City of Dubuque by Wayne Strohmeyer. Mr. Strohmeyer is an employee of
the City of Dubuque Transit Department and was in a motor vehicle accident during the
course of his employment on March 3, 2011.
Mr. Reddick negotiated a settlement with Mr. Strohmeyer's attorney, Nick Avgerinos.
This terms of the settlement are that Mr. Strohmeyer will resign his employment,
execute a global release for any claims against the City of Dubuque, close the workers'
compensation file based upon the enclosed agreement so that no future benefits will be
owing by the City and in return the City will waive its lien in the amount of 2/3 of benefits
paid for any amounts Mr. Strohmeyer recovers in the motor vehicle accident, for which
suit has just been filed by him.
I recommend approval of this Agreement for Settlement.
BAL:tls
cc: Michael C. Van Milligen, City Manager
Cindy Steinhauser, Assistant City Manager
Randy Peck, Personnel Manager
Barbara Morck, Transit Manager
Les Reddick, Esq.
F: \USERS \tsteckle \Workers Comp - Reddick Cases\ Strohmeyer\ MayorCouncil_ StrohmeyerSettlement_031813.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 583 -4113 / FAX (563) 583 -1040 / EMAIL balesq @cityofdubuque.org
Brian J. Bane
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
March 15, 2013
Mr. Barry A. Lindahl
City Attorney
Harbor View Place, Suite 330
300 Main Street
Dubuque, Iowa 52001 -6944
RE: WAYNE STROHMEYER
Dear Barry:
Retired:
Gary K. Norby
Phone: (563) 582 -7980
Facsimile: (563) 582 -5312
E -mail: keddick @kanenorbylaw.com
Enclosed please find a Settlement Agreement of a workers compensation claim filed by
Wayne Strohmeyer. The case was settled at a mediation held on February 19, 2013. Mr. Strohmeyer
was a part-time city bus driver who was injured in a motor vehicle accident on March 3, 2011, while
in the course of his employment. The City has paid workers' compensation benefits related to the
accident in the amount of $68,160.36. Mr. Strohmeyer has not returned to his job since the accident.
The terms of the settlement are that Mr. Strohmeyer will resign his employment, execute a
global release for any claims against the City of Dubuque, close the workers' compensation file
based upon the enclosed agreement so that no future benefits will be owing by the City and in return
the City will waive its lien in the amount of 2/3 of benefits paid for any amounts Mr. Strohmeyer
recovers in the motor vehicle accident, for which suit has just been filed by him.
Please ask for City Council approval and Mike Van Milligen's signature where indicated and
return to me for processing with the Iowa Workers' Compensation Commission.
LVR/bmo
Enc.
Very truly yours,
KANE, NORBY & REDDICK, P.C.
J
By ,`^=
Les V. Reddick
BEFORE THE IOWA WORKERS' COMPENSATION COMMISSIONER
WAYNE STROHMEYER,
Claimant,
vs.
CITY OF DUBUQUE, IOWA,
Employer.
Contested Case File No.: 5041231
Compliance File No.: 1526810
Date of Injury: 03 -03 -2011
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. Strohmeyer was in a motor vehicle accident during the course of
his employment on March 3, 2011. The parties dispute arising out of, causation and nature and
extent of any injuries sustained in that accident. As a result of the motor vehicle accident
Stohmeyer has made a third -party claim against the driver of the other motor vehicle. A
mediation was held on February 19, 2013 and the parties reached a settlement agreement for
payments and waivers as outlined below.
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:
The City of Dubuque has agreed to repay 29 weeks of the remaining permanent partial
disability payments owing from a 13% whole body rating in a lump sum upon approval of this
settlement. The City of Dubuque further agrees to waive its lien that would otherwise be
enforceable against any monies Strohmeyer receives from the insurance carrier or the third -party
driver. As consideration for these payments Strohmeyer agreed to enter this compromise .
settlement to close the workers compensation file for any injuries claimed from the auto accident
of March 3, 2011.
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
f orkers' Co • ensation at (515) 281-5387, or both in order to receive a full explanation of
he erms of t . dr cument and of my rights under the Iowa Workers' Compensation Law. I have
er done s' or r, eely waiiv e my right to do so. !—
aimant'
Nick Av
Date
laim
Wayne trohmeyer
Subscribed �d s- Tom to by clamant before me on this
, 2013.
10.44
K. STALLSMITH
Commission Number 730121
My Comm. Exp. AUG. 20, 2013
day of
Notaiiy Public
Employer/Insurance Carrier: The employer /insurance carrier consents to the compromise
settlement.
Employer/Insurance Carrier's Attorney
Les V. Reddick
Employer/Insurance Carrier
Michael C. Van Milligen
Date
ORDER
I find that substantial evidence supports the terns 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 , 2013.
Iowa Workers' Compensation Commissioner
The information provided will be open for public inspection under Iowa Code §§ 2211 and 86.45(1).
14 -0025 (7/05)