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File #: 21-0421    Version: 1
Type: Agenda Item Status: Adopted
File created: 5/3/2021 In control: Judiciary Committee
On agenda: 5/20/2021 Final action: 5/20/2021
Title: Authority to settle the Illinois Workers’ Compensation Claim of Tom Benigno vs. MWRDGC, Claim Number 21 WC 007907 in the sum of $200,000.00, Account 901-30000-601090

TRANSMITTAL LETTER FOR BOARD MEETING OF MAY 20, 2021

 

COMMITTEE ON JUDICIARY

 

Mr. Brian A. Perkovich, Executive Director

 

Title

Authority to settle the Illinois Workers’ Compensation Claim of Tom Benigno vs. MWRDGC, Claim Number 21 WC 007907 in the sum of $200,000.00, Account 901-30000-601090

Body

 

Dear Sir:

 

Tom Benigno is a Laborer Foreman, working at the Stickney Water Reclamation Plant. On January 16, 2018, the employee reported that he sustained an injury to his right hip and lower back after exiting a truck at the Stickney Plant when he slipped on the ice and fell to the ground. The employee did not seek medical treatment immediately hoping that the injuries would resolve on their own. The employee continued to experience pain and first sought treatment with his own physician on February 12, 2018. He followed up with the industrial clinic on February 14, 2018. The employee’s initial treatment consisted of injections and several medications. He was initially disabled from work on March 2, 2018 and returned to work on March 7, 2018. He was disabled again on March 9, 2018 and returned to work on March 12, 2018. He was disabled again on March 19, 2018 before returning to work on March 26, 2018.

 

The employee continued to treat conservatively with physical therapy, injections, and medications, but failed to improve. He was disabled from work again on September 24, 2018. He underwent surgery on September 27, 2018 to repair his right hip. He was able to return to work on December 24, 2018.

 

Mr. Benigno continued to have problems with his lower back and was disabled again effective February 26, 2019 as he underwent a surgical procedure to repair his lower back. Following this surgery, he underwent a course of physical therapy. He was able to return to work on June 17, 2019. 

 

He was paid a total of 30.60 weeks of lost time benefits totaling $34,233.75. 

 

Subject to the approval of the IWCC, this Pro-Se case can be settled for $200,000.00, representing approximately 35% loss of use of the right leg and approximately 35.54% loss of use of the person as a whole. This settlement will close out any future lost time benefits as well as any future medical benefits associated with this injury.

 

The Director of Human Resources believes this settlement is in the best interest of the District and requests payment of that sum be approved and she be authorized to execute such documents as may be necessary to effect the settlement.

 

Requested, Beverly K. Sanders, Director of Human Resources, BKS:RAJ:RG

Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for May 20, 2021