Sunday, September 11, 2016

City of Dubuque will pay $54,500 for worker's compensation claim who injured his left shoulder after falling off a tractor

Posted: Sunday, September 11, 2016 12:30 am

Telegraph Herald

The City of Dubuque will pay more than $54,500 to settle a worker’s compensation claim from a Leisure Services Department employee.

James Hoerner, 78, was injured on the job April 4, 2012. Hoerner was a seasonal employee in the Leisure Services Department for 12 years, according to city documents.

Hoerner injured his left shoulder after falling off a tractor or riding lawn mower, requiring shoulder replacement surgery that left him with a lifting restriction and a whole body impairment, according to attorney Les Reddick, who is representing the city in the matter. Hoerner was unable to return to work for the city because of the injury, according to Reddick.

Under the settlement, the city will pay Hoerner a $54,552.60 lump sum and assumes responsibility for future medical expenses related to the injury.

Because Hoerner is on Medicare, the city is not able to close out medical bills related to the incident, according to Reddick.

In return, Hoerner agrees to release the city from all liability under the state’s worker’s compensation law and is barred from receiving future benefits related to the injury, with the exception of medical expenses.

Reddick, in a letter to City Attorney Barry Lindahl, wrote that the settlement is “fair and reasonable.” Should it go to trial, Reddick wrote he would “expect significant monetary recovery by Hoerner in excess of the settlement amount.