ACTION REQUESTED:
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Communication from the City Manager and Corporation Counsel with a Request to APPROVE a Workers’ Compensation SETTLEMENT, and a Release of Employment Claims between the City of Peoria and Anthony King.
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BACKGROUND:
Mr. King has alleged he sustained a lower back injury on August 6, 2019 while lifting a log as an employee of the City of Peoria. Mr. King was able to return to full and light duty for the City at various times after the procedure, but continued to have persistent symptoms, necessitating work restrictions, time off-work, and continued medical treatment.
On October 21, 2021, we met with Anthony King’s attorney, Damon Young, to discuss disputed settlement of Mr. King’s workers’ compensation claim and resolution of his employment with the City of Peoria. Ed Hopkins also attended the meeting on behalf of the City.
Negotiations with Anthony King have resulted in the following tentative settlement:
1. A lump sum payment of $129,918.25 to Mr. King, representing 35% loss of use of the person-as-a-whole;
2. Payment of temporary total disability benefits to Mr. King at a rate of $824.88 per week, effective October 22, 2021, until the date of his lumbar fusion revision procedure;
3. Payment of three (3) months of temporary total disability benefits to Mr. King following the fusion revision procedure, totaling $9,898.56;
4. Payment of prior unpaid medical expenses pursuant to the workers’ compensation fee schedule;
5. Payment of medical expenses related to a surgery proposed by Dr. Richard Kube pursuant to the fee schedule;
6. Payment of reasonable, necessary, and related medical expenses in accordance with Section 8(a) of the Illinois Workers’ Compensation Act for one (1) year following the date of Mr. King’s fusion revision;
7. Mr. King will resign from his employment with the City of Peoria and release any and all employment related claims. $500.00 will be paid to Mr. King as consideration for the release;
8. The City will not contest Mr. King’s claim for unemployment at the conclusion of his three (3) months of temporary total disability payments; and
9. A check will be issued for $1,393.28 for underpayment of TTD separate from the above settlement terms.
The tentative settlement would resolve both Mr. King’s workers’ compensation claim and resolution of his employment with the City of Peoria.
NEIGHBORHOOD CONCERNS: None.
IMPACT IF APPROVED: Settlement approval will bring closure to the existing claim and avoid any future exposure or legal costs.
IMPACT IF DENIED: The claim would result in further litigation resulting in further defense costs and potential additional exposure beyond the tentative settlement amounts.
ALTERNATIVES: N/A
EEO CERTIFICATION NUMBER: N/A
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
DEPARTMENT: Legal