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.