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Burke tried to tackle workers comp woes

Most staff proposals 4 years ago were 'not viable,' Daley aide says

October 27, 2006

Four years ago, Ald. Edward M. Burke's staff suggested several measures to "dramatically'' reduce the city's soaring workers compensation bills.

Among them: creating busy work for injured workers who were now physically able to return to work but remained at home because they could no longer do their old jobs.

Mayor Daley's administration didn't adopt that recommendation, or most of the others.

Most "were not legally viable," Daley's press secretary, Jacquelyn Heard, said Thursday.

Two were, Heard said. The city set up a system to electronically report workplace accidents to Burke's committee more quickly. And it offered his committee investigators from the city Law Department to do surveillance of workers suspected of faking injuries. Heard said Burke's committee never used those investigators, though a former top Burke aide said in a 2002 memo that "undercover surveillance of employees that we suspected are malingerers or committing fraud" was eliminated for lack of money.

The mayor's office and Burke have been pointing fingers at each other in the wake of a recent Chicago Sun-Times investigation that found that city workers with political clout claim to be injured at a rate that far exceeds any occupation tracked by the U.S. Labor Department. The series, "Clout's Sick List," also raised questions about whether all those city workers really were injured, and whether the city adequately investigates workplace accidents.

Failure to find new jobs
The mayor's office hired those employees. But when they claim a workplace injury, it's handled by the City Council's Finance Committee, chaired by Burke. When the workers are deemed able to return to work, it's up to the Daley administration to find something for them to do.

The administration's failure to find new jobs for 45 city employees who'd recovered from their injuries -- some who'd been off the job for as long as 10 years -- prompted Burke's former chief administrative officer, Stephen M. Murray, to send a 17-page memo dated Sept. 11, 2002, to Daley's then-budget director, William Abolt. The city had spent more than $6.7 million on those workers' injury claims, and Murray warned it could cost another $4 million unless new jobs were found for them.

Busy work for 'Lourdes' cure?
Burke gave the Sun-Times a copy of the previously undisclosed memo after Daley's chief of staff, Ronald Huberman, responded to the Sun-Times series by blaming the Finance Committee for the workers comp problems.

"The committee is proposing that we implement a program that the utilities, a large food chain and our police department use,'' Murray wrote -- "a location to accommodate employees with restrictions be initiated for an eight-hour workday. These employees will perform functions like writing out signs for towing, no parking, street sweeping, etc. Phone banks can be established to call citizens to advise them of warming and cooling shelters. . . .

"If this program were implemented," Murray wrote, "I can guarantee that many of the permanently disabled would get the 'Lourdes' cure and return to their department with no or minimal restrictions and our costs would be reduced dramatically."

Memo: Why are they hired?
He suggested that any worker who didn't come back should be required to cover their entire health insurance bill and they shouldn't be allowed to keep building up pension credits.

Murray noted that many city workers had a history of filing multiple injury claims -- against the city and previous employers.

And he questioned why some were ever hired. "We hire persons that are physically incapable of doing the work they are hired to do," Murray wrote.

tnovak@suntimes.com

Man on disability loses unpaid La Grange cop job
Daniel Capobianco, featured in a Chicago Sun-Times investigation into city employees collecting disability pay, has been forced to resign as an unpaid, but armed, police officer in La Grange.

'That's wrong'
"He didn't walk with a gait or a hitch,'' La Grange Police Chief Michael Holub said Thursday. "The guy's collecting disability; that's wrong. We don't want him affiliated with us.''

Capobianco, 44, of Geneva, has gotten more than $480,000 in disability payments since he claimed to have injured his back in 1983 while working as a garbage man for the city of Chicago. He was deemed "permanently and totally disabled" -- a designation that was supposed to mean he was unable to ever work again.

But in the series "Clout's Sick List," the Sun-Times reported Sunday that Capobianco, who went to art school while he was on disability leave from the city, is paid to teach watercolor painting at the Arts Center in Highland Park.

Licensed as security guard
Holub said someone at the La Grange Police Department saw the story and recognized Capobianco, who subsequently was asked to resign as an auxillary officer -- an unpaid post he'd held since 1999. Capobianco worked about eight hours a month as a uniformed officer who carried a gun while providing crowd control, and often worked the La Grange Pet Parade, the chief said.

Capobianco is also licensed as a security guard, though Holub said he was unaware of Capobianco holding another job.