Loading...
Worker's Compensation Settlement_Weidenbacher ClaimTHE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi BARRY LIND Ill - CITY ATTORN Y To: Mayory D. Buol and Members of the City Council DATE: May 7, 2014 RE: Mark Weidenbacher 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 Mark Weidenbacher. Mr. Weidenbacher is an employee of the City of Dubuque Leisure Services Department and injured his back at work while lifting benches. Mr. Reddick negotiated a settlement amount of $31,978.65 with Mr. Weidenbacher's attorney, Nick Avgerinos. This settlement is intended to reflect a reasonable amount for Mr. Weidenbacher's injury. 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 Marie Ware, Leisure Services Manager Les Reddick, Esq. F:\USERS\tsteckle\Lindahl\Memos\MayorCouncil_WeidenbacherWkrsCompClaim_050714.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 BEFORE THE IOWA WORKERS' COMPENSATION COMMISSIONER MARK WEIDENBACHER Claimant, vs. CITY OF DUBUQUE : Contested Case File No. 5043692 : Compliance File No.1564639 Injury Date: 7/28/99 Employer, and : AGREEMENT FOR SETTLEMENT Iowa Code Section 85.35(2) 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 7/28/99 (date). 2. Jurisdiction exists because the injury occurred 85.71( ) applies. (Circle one.) 3. Claimant is married/single (circle one), entitled to 2 exemption(s) and gross weekly earnings are $ 592.26 using Iowa Code section 85.36(1 ). The rate of weekly compensation is $ 387.62 . (If the rate for PPD differs it is $ per week.) 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 weeks from (date) thru (date). Iowa Code sections 85.33, 85.34(1). (A detailed description may be attached.) See attached. b. Permanent partial disability for 37.5 % loss of earning capacity (member or earning capacity) resulting in 187.5 weeks of compensation under Iowa Code Section 85.34(2)(4 ) payable commencing 6/28/10 (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 Benefits that remain to be paid are 82.5 weeks in a lump sum of $31,978.65 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 maybe attached.) 9. Evidence that corroborates this settlement is attached. A Claimant's Statement is attached if claimant is not represented by an attorney. rties request that this/Settlement,be approved. 1? Claimant's Atte rn- Date Employer/(nsurer Dat Michael Van Milligen i,?1M1 Employer/Insurer's Attorney 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). 14-0021 (7-05) IOWA v. ... p DEVELOPMENT