TRANSMITTAL LETTER FOR BOARD MEETING OF AUGUST 29, 2013
COMMITTEE ON JUDICIARY
Mr. David St. Pierre, Executive Director
Title
Authority to settle the Workers' Compensation Claims of James Miller vs. MWRDGC, Case Nos. 11 WC 4258 and 12 WC 0440, Illinois Workers' Compensation Commission (IWCC), in the sum of $235,000.00. Account 901-30000-601090
Body
Dear Sir:
James Miller is an Electrical Mechanic who works at the Stickney Water Reclamation Plant. On July 14, 2010, he injured his left arm at work.
On July 26, 2010, an MRI revealed a massive rotator cuff tear in his left arm. On August 30, 2010, he underwent a left rotator cuff repair followed by physical therapy. On June 1, 2011, Mr. Miller was able to return to his regular job.
A total of 45 weeks of lost time benefits were paid for this injury.
On December 22, 2011, Mr. Miller sustained another injury to his left shoulder, as well as his right shoulder, while at work. On January 5, 2012, an MRI performed on his left shoulder revealed two or three small tears within the supraspinatus tendon. On February 17, 2012, he had an arthroscopic rotator cuff repair of the left shoulder followed by physical therapy.
On March 13, 2013, Mr. Miller underwent a functional capacity evaluation that limited him to a 25-lb. lifting restriction. On March 18, 2013, he returned to work but continued to experience problems with his right arm. On March 22, 2013, an MRI of the right arm revealed cartilage thinning and multiple tears throughout his arm including a biceps tendon tear.
Mr. Miller returned to the doctor and was advised that his right arm was not repairable and that a reverse shoulder replacement would be necessary if it was left untreated and deteriorated. On April 8, 2013, he was disabled from work and remains so at this time.
Mr. Miller has been paid a total of 80 weeks of lost time benefits for this injury and continues to receive lost time benefits at the rate of $56,021.16 per year.
Mr. Miller filed two Applications for Adjustment of Claim with the IWCC through his counsel. Subject to approval of the IWCC, these claims can now be settled for the sum of $235,000.00, representing a compromised wage differential pursuant to the Illinois Workers' Compensation Act. This settlement will close out any future 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 August 29, 2013