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Workers' Compromise Settlement - Alvy KennedyBrian J. Kane Les V. Roddick* Brad J. I-Ieying 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. ATI"ORN1?YS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IOWA 52001-3091 August 26, 2014 Mr. Barry A. Lindahl City Attorney Harbor View Place, Suite 330 300 Main Street Dubuque, Iowa 52001-6944 Retired: Gary K. Norby Phone: (563) 582-7980 Facsimile: (563) 582-5312 E-mail: Ireddick@kanenorbylaw.com RE: ALVY KENNEDY WORKERS' COMPENSATION SETTLEMENT Dear Barry: Attached is a Settlement Agreement entered into with Alvy Kennedy for his workers' compensation claim. Kennedy is now retired, but sustained a work-related back injury on December 8, 2010 while working as a sanitation driver. He had back surgery for that condition, received a 10% permanent impairment rating and was given a 40 pound lifting restriction. Kennedy was unable to do his job after this injury and retired. The City has paid his medical bills and any amounts owing to date. The attached Settlement Agreement is for a lump sum payment of $75,000, the payment of future medical bills related to the injury and a release by Kennedy of any other claims he may have as a result of this injury. Kennedy is also signing a global release for any work-related claims he may have. The attached settlement reflects a fair and reasonable amount of payment for the permanency, lifting restrictions and future problems Kennedy may face for this work-related condition. Please submit to City Council for approval for Mike Van Milligen to sign. Very truly yours, KANE, NORBY & REDDICK, P.C. By 5 Les V. Reddick LVR/bmo Enc. THE CITY OF DUB E Masterpiece on the Missi sippi BARRY LINDA CITY ATTORN To: MEMORANDU Y Mayor Roy D. Buol and Members of the City Council M DATE: August 27, 2014 RE: Alvy Kennedy vs. City of Dubuque — Workers' Compensation Claim Attorney Les Reddick, representing the City of Dubuque, is recommending approval of a Compromise Settlement regarding a workers' compensation claim that was filed against the City of Dubuque by Alvy Kennedy. Mr. Kennedy was an employee of the City of Dubuque Public Works Department and sustained a work-related back injury in 2010 while working as a sanitation driver. The City has paid Mr. Kennedy's medical bills and any amounts owing to date. Mr. Reddick negotiated a lump sum payment amount of $75,000.00, plus the payment of future medical bills related to the injury. The attached Settlement includes a release signed by Mr. Kennedy of any other claims he may have as a result of this injury. Mr. Kennedy is also signing a global release for any work-related claims he may have. This settlement is intended to reflect a reasonable amount of payment for the permanency, lifting restrictions and future problems Mr. Kennedy may face for this work- related condition. I recommend approval of this Compromise Settlement. BAL:tls cc: Michael C. Van Milligen, City Manager Cindy Steinhauser, Assistant City Manager Randy Peck, Personnel Manager Don Vogt, Public Works Director Les Reddick, Esq. FAUSERS\tsteckle\Lindahl\Memos\MayorCouncil_HillardWkrsCompClaim_050714.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-41 13 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org THE CITY OF DUB E Masterpiece on the Missi sippi BARRY LINDA CITY ATTORN To: MEMORANDU Y Mayor Roy D. Buol and Members of the City Council M DATE: August 27, 2014 RE: Alvy Kennedy vs. City of Dubuque — Workers' Compensation Claim Attorney Les Reddick, representing the City of Dubuque, is recommending approval of a Compromise Settlement regarding a workers' compensation claim that was filed against the City of Dubuque by Alvy Kennedy. Mr. Kennedy was an employee of the City of Dubuque Public Works Department and sustained a work-related back injury in 2010 while working as a sanitation driver. The City has paid Mr. Kennedy's medical bills and any amounts owing to date. Mr. Reddick negotiated a lump sum payment amount of $75,000.00, plus the payment of future medical bills related to the injury. The attached Settlement includes a release signed by Mr. Kennedy of any other claims he may have as a result of this injury. Mr. Kennedy is also signing a global release for any work-related claims he may have. This settlement is intended to reflect a reasonable amount of payment for the permanency, lifting restrictions and future problems Mr. Kennedy may face for this work- related condition. I recommend approval of this Compromise Settlement. BAL:tls cc: Michael C. Van Milligen, City Manager Cindy Steinhauser, Assistant City Manager Randy Peck, Personnel Manager Don Vogt, Public Works Director Les Reddick, Esq. FAUSERS\tsteckle\Lindahl\Memos\MayorCouncil_HillardWkrsCompClaim_050714.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-41 13 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org 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, SUI I'E 2 DUBUQUE, IOWA 52001-3091 August 26, 2014 Mr. Barry A. Lindahl City Attorney Harbor View Place, Suite 330 300 Main Street Dubuque, Iowa 52001-6944 Retired: Gary K. Norby Phone: (563) 582-7980 Facsimile: (563) 582-5312 E-mail: keddick@kanenorbylaw.com RE: ALVY KENNEDY WORKERS' COMPENSATION SETTLEMENT Dear Barry: Attached is a Settlement Agreement entered into with Alvy Kennedy for his workers' compensation claim. Kennedy is now retired, but sustained a work-related back injury on December 8, 2010 while working as a sanitation driver. He had back surgery for that condition, received a 10% permanent impairment rating and was given a 40 pound lifting restriction. Kennedy was unable to do his job after this injury and retired. The City has paid his medical bills and any amounts owing to date. The attached Settlement Agreement is for a lump sum payment of $75,000, the payment of future medical bills related to the injury and a release by Kennedy of any other claims he may have as a result of this injury. Kennedy is also signing a global release for any work-related claims he may have. The attached settlement reflects a fair and reasonable amount of payment for the permanency, lifting restrictions and future problems Kennedy may face for this work-related condition. Please submit to City Council for approval for Mike Van Milligen to sign. Very truly yours, KANE, NORBY & REDDICK, P.C. B LVR/bmo Enc. Les V. Reddick BEFORE THE IOWA WORKERS' COMPENSATION COMMIS FILED 'IP v 5 INORS' COMPENSATION Alvy Kennedy Claimant, Contested Case File No.: vs. Compliance File No.: City of Dubuque Injury Date: 12-10-10 Employer, and COMPROMISE SETTLEMENT [Iowa Code Section 85.35(3)] Insurance Carrier, Defendants. The undersigned parties submit this Compromise Settlement pursuant to Iowa Code section 85.35(3). A. 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. The subject and nature of the dispute is nature and extent of Claimant's back injury of December 10, 2010. B. If claimant is not represented by an attorney; a claimant's statement and evidence of the dispute is attached. Rule 876 IAC 6.1. C. 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:. See attached* D. 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. E. Statement of Awareness of Claimant: I have read the compromise settlement and attached page(s). I understand that the money 1 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 amaware 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 docurr ent and of my rights under the Iowa Workers' Compensation Law. I have either do e so or freely waive my right to do so. Claimant's Nick Avge Date Alvy Kennedy Subscribed and sworn to by claimant before me on this ?/ day of Date JAMES C KLOSTERMANN COMMISSION NUMBER 221659 t Y CW4651011 EXPIRES Notary Public Employer/Insurance Carrier: The employer/insurance carrier consents to the compromise settlement. Les. V. Reddick --Az. 41/ Employer/Insurs Attorney Michael Van Milligan, City Manager Employer/Inx��e� ORDER I find_ that substantial evidence supports the terms of the foregoing settle . = - e employee knowingly waieanng, decision, and resulting statutory benefits - - • e settlement is a reasonable and informer •romise of the competing inte of the parties. The foregoing settlement is therefore approved t r day of , 20 Date Date Iowa Workers' Compensation Commissioner The information - ovided will be open for public inspection under Iowa Code §§ 22.11 and 86.45(1). 14-0025 (7/05) .fowA.. DEVELOPMENT :b1mi::Kaa,F 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 inform d compromise of the compe ing interests of the partie•. The foregoing settlementi erefore approved this of f1 _.. v 20/ Acting Iowa Workers' Compensation Commissioner The u„ y ttion provided will be open for public inspection under Iowa Code §§ 22.11 :•.45(1). Settlement is made pursuant to the provisions of Chapter 85.35(4). The settlement is a lump sum payment of $75,000 and Claimant retains all of his rights to medical benefits under Chapter 85.27 for his injury. Otherwise, Claimant is releasing all other benefits under. Chapter 85. Claimant retired from his job with the City of Dubuque in late 1/3/2014. He also suffers from diabetes, Type 2, obesity, coronary artery disease and renal insufficiency. It is agreed by the parties that this settlement was entered into with the understanding that the lurnp sum payment of $75,000.00 represents the final and only award Claimant will ever receive from his employer with respect to the workplace injuries alleged herein. From this amount will be deducted payment of litigation costs in the amount of $258.33, and payment of attorneys' fees of $22,422.00, leaving the Claimant with a lump sum settlement of $52,319.67 which should be allocated to that period of time extending from the date this agreement is approved by the Iowa Workers' Compensation Commission through the period of Claimant's life expectancy. According to the table set out in U.S. Bureau of the Census, National Center for Health Statistics and United States Life Tables, dated 2010, Claimant, who has a birth date of July 1, 1954 and is presently 60 years of age, has a remaining Life expectancy of 1,092 weeks or 21.0 years. Dividing this number of weeks into the net recovery amount Claimant will receive of $52,319.67 produces the weekly settlement rate of $47.91, a weekly settlement rate envisioned by and stipulated to by the parties. Payment of the settlement amount is not to be construed as payment of weekly benefits, medical benefits, or any other benefits under the workers' compensation laws of the state of Iowa.