TRANSMITTAL LETTER FOR BOARD MEETING OF MAY 19, 2022
COMMITTEE ON JUDICIARY
Mr. Brian A. Perkovich, Executive Director
Title
Authority to settle the Workers’ Compensation Claims of Heath Weatherspoon vs. MWRDGC, Claims 11WC008347, 12WC041818, and 14WC009511, Illinois Workers’ Compensation Commission (IWCC), in the sum of $117,723.75, Account 901-30000-601090
Body
Dear Sir:
Heath Weatherspoon is a Police Officer at the Calumet Water Reclamation Plant. At the time of his three accidents, he was assigned to the Stickney Water Reclamation Pant. On February 28, 2011, he reported injuring his neck and back when he fell out of a chair that slid out from under him. He was initially seen at the industrial clinic on February 28, 2011. He treated conservatively with medication and physical therapy. He did not lose any time from work.
Mr. Weatherspoon reported another injury on January 30, 2012, following a slip and fall on the ice at the Stickney Plant. He was seen at the industrial clinic on January 30, 2012. He was disabled from work effective January 31, 2012. He was eventually diagnosed with a head injury that resulted in post-concussion syndrome, migraines, as well as blurred vision in the right eye. He treated primarily with rest and different prescribed medications. He was able to return to work on August 27, 2013.
For his January 30, 2012, injury he was paid police duty pay covering the period of January 31, 2012 through February 3, 2013. He was paid lost time benefits for a total of 29 weeks totaling $26,649.26.
Mr. Weatherspoon reported a third injury on March 15, 2014, when he was driving his squad car and was struck on the passenger side by a car that ran a stop sign. He was seen at the emergency room on March 15, 2014. He was initially disabled from work on March 16, 2014. His primary injury was to his right shoulder. He was treated conservatively initially with medication, injections, and physical therapy. He was able to return to work on March 17, 2015. The employee continued to experience pain in his right shoulder and on September 10, 2015, surgery was performed on his shoulder. He was disabled from work again at this time. Following this surgery, he underwent physical therapy and returned to work on January 27, 2016. He underwent a second surgery of his right shoulder on June 24, 2020, at which time he was disabled from work again. He was able to return to work on November 5, 2020.
For his March 15, 2014, injury he was paid police duty pay covering the period March 16, 2014, through March 15, 2015. He was paid lost time benefits for a total of 39.40 weeks totaling $37,183.26.
Mr. Weatherspoon filed three Applications of Adjustment of Claims with the Illinois Workers’ Compensation Commission (IWCC) through his counsel. Subject to the approval of the IWCC, these cases can now be settled for a total of $117,723.75. This represents approximately 2.5% loss of person as a whole for the February 28, 2011 accident, approximately 15% loss of use of the person as a whole for the January 30, 2012 accident, and approximately 20% loss of use of the person as a whole for the March 15, 2014 accident. The District is entitled to a $15,000.00 subrogation lien recovery on the March 15, 2014, accident which is also reflected in the settlement amount of $117,723.75. This settlement will close out future lost time benefits, as well as any future medical benefits associated with these injuries.
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:BLW:RG
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for May 19, 2022