The Newton City Finance Committee voted 7-0 on March 10 to transfer and expend $49,000 to settle a workers' compensation claim involving a sewer division employee who suffered a back injury.

Kelly Brown, the city's workers' compensation and medical leave manager, described a case in which surveillance video captured the employee lifting an object inside a DPW bay and appearing to grab his back; the employee was later diagnosed with a herniated disc at L4-5. Brown said the city initially denied the claim in part because the employee had a DUI three days before the injury and had lost a driving license, which called into question his presence in the vehicle at the time of injury. After independent medical exams and the Industrial Accident Board judge's review of the video and records, the judge was inclined to find the injury work-related.

Brown told the committee that, faced with likely adverse rulings and a five-year exposure under "Section 35," the city negotiated a settlement of $49,000, described as roughly one year of future workers' compensation benefits at the employee's weekly comp rate (reported as $716.26). Brown said the employee's attorney's fees (reported as roughly 30%) are deducted from the settlement. She described the decision as a business choice to avoid prolonged litigation and uncertain future exposure.

Committee members commended Brown for the work to defend the city in litigation and to negotiate settlements. The chair announced the vote as 7 to 0 in favor of the settlement.

Brown also discussed safety prevention efforts in DPW, noting a DPW safety committee reviews injuries and seeks engineering or equipment changes (for example, use of mechanical lifting tools for heavy manhole covers) to reduce repetitive lifting injuries.