TRANSMITTAL LETTER FOR BOARD MEETING OF OCTOBER 1, 2015
COMMITTEE ON JUDICIARY
Mr. David St. Pierre, Executive Director
Title
Authority to settle the Workers’ Compensation Claims of Abraham Villegas vs. MWRDGC, Cases 03 WC 47415, 03 WC 47416, 04 WC 56242, 05 WC 56379, 12 WC 29049, in the sum of $315,000.00, Account 901-30000-601090
Body
Dear Sir:
Abraham Villegas was working as a Safety Inspector at the Egan Water Reclamation Plant. On November 28, 2001, he sustained injuries to his back and abdomen. He did not seek treatment for this accident.
On March 26, 2002, he sustained injuries to his right hip, right shoulder, and right elbow/forearm. He was initially seen at the industrial clinic where he was diagnosed with multiple contusions and was placed in therapy before being released from treatment on April 10, 2002.
On July 22, 2003, he sustained an injury to his right hip/pelvis. He went to see his own physician for this accident who recommended a hip replacement. Based on an independent medical evaluation his claim for a hip replacement was subsequently denied.
On October 5, 2005, he sustained an injury to his upper back and shoulders. He did not seek medical treatment for this accident.
The final injury occurred on May 15, 2012. He alleged an injury to his left shoulder, cervical and lumbar spine. He initially sought treatment with the industrial clinic on May 18, 2012. He was taken off work for two days. He decided to seek treatment with his own physician who prescribed an MRI of the left shoulder on May 30, 2012.
On August 25, 2012, he underwent a surgical procedure. Following this procedure he was prescribed a course of physical therapy. In addition, he continued to seek treatment for his cervical and lumbar pain. He was sent for an independent medical evaluation on August 28, 2014. Our doctor concluded that his current disability was related to deconditioning. His own doctor maintains that his current disability is related to his workers’ compensation injuries.
Mr. Villegas was referred to the formal Americans with Disabilities Act process, but chose not to participate.
Mr. Villegas was paid a total of $155,587.74, in lost time benefits, and he is currently receiving lost time benefits.
Mr. Villegas has filed multiple Application of Adjustment of Claims with the IWCC. Subject to the approval of the IWCC, these claims can now be settled for $315,000.00. This settlement would include a separate resignation and release of all claims against the District. In addition, this settlement closes out any future lost time and future medical benefits associated with these injuries.
The Director of Human Resources believes this settlement is in the best interest of the District and requests payment of that sum be approved and she be authorized to execute such documents as may be necessary to effect the settlement.
Requested, Denice E. Korcal, Director of Human Resources, DEK:RAJ:RG:sts
Respectfully Submitted, Mariyana T. Spyropoulos, Chairman Committee on Judiciary
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for October 1, 2015
%