TRANSMITTAL LETTER FOR BOARD MEETING OF OCTOBER 7, 2010
COMMITTEE ON JUDICIARY
Mr. Richard Lanyon, Executive Director
Title
Authority to settle the Workers’ Compensation Claim of Olga Mackey vs. MWRDGC, Case No. 07 WC 11532, Illinois Workers’ Compensation Commission, in the sum of $20,286.57, Account 901-30000-601090
Body
Dear Sir:
Olga Mackey is a Principal Office Support Specialist at the Stickney Water Reclamation Plant. On September 25, 2006, she reported that her doctor had diagnosed her with bilateral carpal tunnel syndrome. She reported a progressive numbness in her hands radiating up her arms. Her physician opined that the carpal tunnel syndrome (CTS) was work related because of repetitive hand and wrist use at work. The District’s evaluating physician reported that Ms. Mackey had moderately severe CTS but he did not believe there was any causal relationship or contribution from her work history or work exposure. The District denied treatment for this claim based on our doctor’s opinion. Ms. Mackey elected to have CTS surgery on both wrists.
At this time, Ms Mackey is willing to accept $20,286.57 to settle this claim. This settlement represents 8.75% loss of use of the right hand ($9,613.07), 6.25% loss of use of the left hand ($6,866.48) plus 4-1/7th weeks of temporary total disability pay ($2,467.02), an unpaid medical bill of $1,340.00 and a hold harmless agreement on related bills paid by group health. Since there are conflicting medical opinions on this claim and the Illinois Workers’ Compensation Commission continues to favor employees in CTS cases, General Counsel believes it is in the District’s best interests to settle this matter and close out all issues.
The General Counsel believes this is an equitable settlement to conclude this matter 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, Frederick M. Feldman, General Counsel, FMF:LAG:VMM:vm
Respectfully Submitted, Terrence J. O’Brien, 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 7, 2010