TRANSMITTAL LETTER FOR BOARD MEETING OF OCTOBER 15, 2009
COMMITTEE ON JUDICIARY
Mr. Richard Lanyon, Executive Director
Title
Authority to settle the Workers’ Compensation Claim of Ronald Kelty vs. MWRDGC, Case No. 08 WC 9943, Illinois Workers’ Compensation Commission, in the sum of $56,331.08, Account 901-30000-601090
Body
Dear Sir:
Ronald Kelty is an Architectural Ironworker at the North Side Water Reclamation Plant. On September 19, 2007, he was working in a tank loosening a water valve. The valve was under pressure, and when it opened the jarring knocked him over, and he fell three feet to the floor of the tank. He went to Swedish Covenant Hospital with right shoulder pain. An MRI revealed a large rotator cuff tear, and he underwent surgical repair on November 9, 2007. Mr. Kelty completed a physical therapy program. He lost 133 days of work.
Mr. Kelty filed an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission (“IWCC”) being case number 08 WC 9943. This case was pre-tried before Arbitrator Joseph Prieto of the IWCC on September 14, 2009. Arbitrator Prieto recommended the case settle for 35% loss of use of the right arm ($56,331.08). This amount is within the District’s outside counsel’s recommended settlement range.
The General Counsel requests payment of that amount 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: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 October 15, 2009