TRANSMITTAL LETTER FOR BOARD MEETING OF JULY 14, 2022
COMMITTEE ON JUDICIARY
Mr. Brian A. Perkovich, Executive Director
Title
Authority to settle the Workers’ Compensation Claims of Carl Malinowski vs. MWRDGC, Case 18 WC 26623, Illinois Workers’ Compensation Commission (IWCC), in the sum of $518,000.00, Account 901-30000-601090
Body
Dear Sir:
Carl Malinowski is a Structural Ironworker at the Calumet Water Reclamation Plant. On August 30, 2018, he sustained multiple injuries when a roof collapsed at the Plant.
Mr. Malinowski was initially disabled from work on August 31, 2018 when he underwent surgery on his right lower leg. He was prescribed physical therapy beginning September 8, 2018. Mr. Malinowski returned to work on May 28, 2019, but he was disabled again effective June 3, 2019 due to continued medical issues. He resumed working on July 8, 2019. On August 8, 2019, Mr. Malinowski was disabled again following the surgical repair of his trigger fingers. After this surgery, he returned to work on September 9, 2019.
On December 21, 2020, Mr. Malinowski reported a new injury to his left shoulder while removing grating. He was initially seen at the industrial clinic on December 21, 2020 and placed on restricted work duty and prescribed conservative treatment consisting of physical therapy and medications. He returned to regular work on April 6, 2021, however he continued to experience pain in his left shoulder and subsequently disabled from work again effective May 31, 2021. On June 3, 2021, Mr. Malinowski underwent surgery on his left shoulder and returned to work on July 14, 2021.
Mr. Malinowski continued to treat for his initial accident and was again disabled from work related to this accident on August 11, 2021. He resumed working on January 10, 2022.
Mr. Malinowski continues to receive treatment for his injuries and continues to complain of both physical and psychological pain. Multiple doctors have stated that he has permanent medical limitations that would not allow him to perform his normal job duties as a Structural Ironworker. Based on his physical limitations he can be considered a wage loss candidate or a possible permanent total disability claim.
For Mr. Malinowski’s August 30, 2018 accident, the District paid him a total of 69.40 weeks of lost time benefits totaling $88,275.48. Regarding his December 21, 2020 accident, the District paid Mr. Malinowski a total of 6.40 weeks of lost time benefits totaling $8,819.79.
Mr. Malinowski has filed an Application of Adjustment of Claims with the IWCC. Subject to the IWCC’s approval, these claims can now be settled for $518,000.00. This settlement would include a separate resignation and release of all claims against the District. In addition, this settlement closes out any future lost time and 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 July 14, 2022