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 George Noble vs. MWRDGC, Case No. 07 WC 31342, Illinois Workers’ Compensation Commission, in the sum of $245,000.00, Account 901-30000-601090
Body
Dear Sir:
George Noble is a Structural Ironworker at the Calumet Water Reclamation Plant. On June 22, 2006, he was installing a scaffold inside a grit tank. While pulling up a new plank for installation, he lost his balance and fell about seven feet to the tank floor. Noble went to the Horton Occupational Health Clinic and was diagnosed with contusions of his right shoulder, elbow, and left knee. Treatment over the next three years included right shoulder surgery on August 3, 2006, for tears of the glenoid labrum and biceps tendon, and two left knee surgeries on July 18, 2006 and February 24, 2009, for cartilage tears. Noble had extensive physical therapy and work conditioning programs. He has been off work continuously since June 30, 2006.
Noble had a functional capacities evaluation to determine his physical capabilities. The results of this test included permanent restrictions that the District is unable to accommodate. Noble was sent to a vocational expert to assess his job skills and potential for vocational retraining or alternative job placement. Pursuant to Section 8(d-1) of the Illinois Workers’ Compensation Act, Noble would be eligible for a wage differential equal to 66-2/3% of the difference between the wages in his ironworker’s position and wages in employment he can perform post-injury. Based on our vocational expert’s best case scenario of employment for Noble, there would be an approximately $720.00 per week wage loss. Based on a life expectancy of 16.4 years, the District’s exposure for a wage loss claim would be $614,016.00. Noble presently receives $50,372.92 annually in temporary total disability (“TTD”) pay.
At this time, Noble has agreed to accept $245,000.00 to close out all issues related to his claim and conclude his employment. TTD payments with the District would end upon approval of this settlement.
The General Counsel believes this settlement is in the District’s best interests 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: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