TRANSMITTAL LETTER FOR BOARD MEETING OF MAY 5, 2016
COMMITTEE ON JUDICIARY
Mr. David St. Pierre, Executive Director
Title
Authority to settle the Workers’ Compensation Claim of Robert Derry vs. MWRDGC, Case 11 WC 32552, Illinois Workers’ Compensation Commission (IWCC), in the sum of $437,500.00, Account 901-30000-601090
Body
Dear Sir:
Robert Derry is a Hoisting Engineer at the Stickney Water Reclamation Plant. On April 26, 2010, he sustained injuries to his left arm while performing lifting duties. He was initially seen at the industrial clinic on April 27, 2010, where he was diagnosed with left arm pain. He was disabled from work effective April 28, 2010.
After a period of conservative treatment failed, he underwent a procedure on his left arm on June 16, 2010. Following the procedure the employee underwent a period of physical therapy. He was able to return to work on May 18, 2011.
Mr. Derry continued to have ongoing difficulties with his arm and was disabled from work again effective July 12, 2011. After additional treatment consisting of medicine and physical therapy, he returned to work on October 18, 2011.
However, Mr. Derry continued to experience difficulties with his left arm and was disabled again effective December 6, 2011. He was treated conservatively with physical therapy, injections, and other medications. On May 7, 2014, Mr. Derry underwent a second procedure on his left arm.
Per a Functional Capacity Evaluation, Mr. Derry was precluded from returning to work at his pre-injury position. He went through the Americans with Disabilities Act process, and it was determined that suitable employment was not available at the District.
Mr. Derry has been paid a total of $357,951.95 in lost time benefits for approximately 298.8 weeks, and is currently receiving lost time benefits.
Mr. Derry has filed an Application of Adjustment of Claims with the Illinois Workers’ Compensation Commission (IWCC). Subject to the approval of the IWCC, this claim can now be settled for $437,500.00. 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 May 5, 2016