TRANSMITTAL LETTER FOR BOARD MEETING OF FEBRUARY 21, 2013
COMMITTEE ON JUDICIARY
Mr. David St. Pierre, Executive Director
Title
Authority to settle the Workers' Compensation claim of Bobby Bell vs. MWRDGC, Case Number 09 WC 42659, Illinois Workers' Compensation Commission (IWCC), in the sum of $400,000.00. Account 901-30000-601090
Body
Dear Sir:
Bobby Bell was an Electrical Mechanic at the Calumet Water Reclamation Plant. On October 29, 2008, he injured his left arm, right arm, and neck at work.
After seeing several specialists, it was determined he required surgery on both shoulders. On June 3, 2009, Mr. Bell underwent a left shoulder arthroscopic surgical decompression, and on January 3, 2010, he underwent a right shoulder arthroscopic surgical decompression.
Following both surgeries, Mr. Bell was left with permanent restrictions on lifting and on overhead use of his arms. On June 7, 2010, he returned to work with limitations but complained of cervical pain and was eventually diagnosed with cervical disc herniations at C4-C5 and C5-C6. On July 19, 2010, Mr. Bell was disabled again and has not returned to work since that time. On October 11, 2010, he underwent a cervical fusion, which also left him with severe lifting restrictions.
Effective November 10, 2011, Mr. Bell was discharged from the District as he was unable to perform essential functions of any positions in his classification with or without a reasonable accommodation.
Mr. Bell was placed in vocational counseling for approximately one year but was unable to secure a job with the limitations placed upon him.
Mr. Bell has been paid a total of 190 weeks of lost time benefits thus far. He continues to receive lost time benefits at the current rate of $53,318.20 per year.
Mr. Bell filed an Application for Adjustment of Claim with the IWCC. Subject to approval of the IWCC, this case can now be settled for a total amount of $400,000.00. This settlement would close out the District's payment of lost time benefits.
The General Counsel believes this settlement is in the best interest of the District and requests payment of that sum be approved and he be authorized to execute such documents as may be necessary to effect the settlement.
Requested, Ronald M. Hill, General Counsel, RMH:LAG:RG:nm
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 February 21, 2013