TRANSMITTAL LETTER FOR BOARD MEETING OF NOVEMBER 4, 2010
COMMITTEE ON JUDICIARY
Mr. Richard Lanyon, Executive Director
Title
Authority to pay the award in the Workers’ Compensation Claim of Alan Schereck vs. MWRDGC, Case No. 01 WC 35874, Illinois Workers’ Compensation Commission, in the sum of $58,113.05, Account 901-30000-601090
Body
Dear Sir:
Allan Schereck was a Machinist at the Stickney Water Reclamation Plant. He retired on June 7, 2001. On June 10, 1999, he was sent to repair a valve at the Mainstream Pumping Station. While climbing on a ladder, he slipped on a rung and grabbed the ladder to avoid falling and twisted his lower back. He felt immediate back pain. Conservative management was unsuccessful, and on October 19, 1999, he underwent a lumbar fusion at the L4-L5 levels. Mr. Schereck completed a physical therapy program and treated with a pain specialist due to continued pain. He returned to regular duties on May 7, 2000. He lost 209 days of work.
In April of 2001, Mr. Schereck was offered a pro se settlement of 25% loss of the person as a whole to settle his case. Mr. Schereck declined and filed an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission (“IWCC”) being Case No. 01 WC 35874. This case was tried before Arbitrator Peterson of the IWCC on October 29, 2009. In his decision dated February 22, 2010, Arbitrator Peterson awarded Mr. Schereck $58,113.05 which represents a 25% loss of the person as a whole.
Mr. Schereck appealed the decision to the IWCC. The IWCC affirmed the Arbitrator’s decision and made no change to the award.
The General Counsel believes this is an equitable award 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 award.
Requested, Frederick M. Feldman, General Counsel, FMF:LAG:VMM:nm
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 November 4, 2010