TRANSMITTAL LETTER FOR BOARD MEETING OF DECEMBER 6, 2012
COMMITTEE ON JUDICIARY
Mr. David St. Pierre, Executive Director
Title
Authority to settle the Workers' Compensation claims of John Rochon vs. MWRDGC, Case Nos. 06 WC 48849 and 09 WC 10999, Illinois Workers' Compensation Commission (IWCC), in the sum of $475,000.00. Account 901-30000-601090
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Dear Sir:
John Rochon was an Electrical Mechanic at the Calumet Water Reclamation Plant. On July 17, 2006, he sustained a lower back injury while performing his duties. An orthopaedic specialist diagnosed him with a disc herniation at L5-S1, and on January 15, 2007, Mr. Rochon underwent an L5-S1 interbody and posterior spinal fusion.
Following this surgery, Mr. Rochon underwent a period of physical therapy followed by work hardening. He underwent a Functional Capacity Evaluation on July 16, 2007, and was able to return to work on July 17, 2007. After returning to work, Mr. Rochon continued to experience pain and was disabled from work again effective April 21, 2008. After receiving a series of epidural injections, he underwent a second Functional Capacity Evaluation on September 22, 2008, and returned to work on September 23, 2008.
Mr. Rochon continued to work without incident until February 4, 2009, when he sustained a new injury to his lower back while performing his duties. Subsequently, he underwent additional epidural injections but received little relief. Mr. Rochon's doctor placed him at a permanent lifting restriction of 15 pounds, which the District was unable to accommodate. Since Mr. Rochon was unable to perform the essential functions of any position in his classification with or without a reasonable accommodation, he was eventually discharged from the District effective July 21, 2011.
Mr. Rochon participated in Vocational Counseling beginning June 2010 in an attempt to place him in a position outside of the District within his job limitations. In over two years of vocational counseling, there was no success placing him in a new job.
Mr. Rochon has been paid a total of 258 weeks of lost time benefits thus far. He continues to receive lost time benefits at the current rate of $53,915.00 per year.
Mr. Rochon filed two Applications for Adjustment of Claim with the IWCC. Subject to the approval of the IWCC, both claims can be settled for a total amount of $475,000.00. This settlement would close out any future medical exposure on these claims, and the District's payment of lost time benefits would cease.
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.
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Requested, Ronald M. Hill, General Counsel, RMH:LAG:RG:nm
Respectfully Submitted, Mariyana T. Spyropoulos, Vice-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 December 6, 2012