HomeMy WebLinkAbout2024-12-03; City Council; 05; Settlement of Workers’ Compensation Claim of Morgan RockdaleCA Review JRT
Meeting Date: Dec. 3, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Kierstyn Yaross, Senior Human Resources Officer
Kierstyn.yaross@carlsbadca.gov, 760-814-4288
Judy von Kalinowski, Human Resources Director
judy.vonkalinowski@carlsbadca.gov, 760-473-4670
Subject: Settlement of Workers’ Compensation Claim of Morgan Rockdale
Districts: All
Recommended Action
Adopt a resolution authorizing settlement of the workers’ compensation claim of Morgan
Rockdale.
Executive Summary
Morgan Rockdale, Parks/Trees Supervisor, sustained a work-related injury during the course
and scope of his employment. The City Council is being asked to approve a stipulated award
that entitles Mr. Rockdale to a permanent disability award of $66,410 and future medical care.
Settlements exceeding $50,000 require the approval of the City Council in accordance with City
Council Resolution 2015-086.
Explanation & Analysis
The terms and conditions of the proposed settlement are outlined in the request for settlement
authority document, which is on file in the Human Resources Department. The terms and
conditions were agreed upon by Mr. Rockdale and the city, and have been recommended by
AdminSure Inc., the city's workers’ compensation administrator.
This permanent disability payment is required under California Labor Code Section 4650, and
“bad faith actions” or failure to comply with the Workers’ Compensation Appeals Board Rules
of Practice and Procedure may result in penalties and further litigation, therefor staff
recommend timely action.
Fiscal Analysis
The cost of this settlement is $66,410. Funding for this settlement was included in the adopted
budget for fiscal year 2024-25.
Next Steps
With the City Council’s approval, staff will file the appropriate documentation with the
Workers’ Compensation Appeals Board for its review and approval.
Dec. 3, 2024 Item #5 Page 1 of 3
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change or a reasonably foreseeable indirect physical change in the environment.
Exhibits
1. City Council resolution
Dec. 3, 2024 Item #5 Page 2 of 3
RESOLUTION NO. 2024-266
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING SETTLEMENT OF THE WORKERS' COMPENSATION CLAIM OF
MORGAN ROCKDALE
WHEREAS, AdminSure Inc., the city's third-party administrator, has recommended a settlement
of the workers' compensation claim of Morgan Rockdale; and
WHEREAS, all parties have agreed to settle the claim before the Workers' Compensation
Appeals Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the expenditure of $66,410 from the Workers' Compensation Self-Insurance Fund
is authorized for the settlement ofthis claim.
3. That the City Council approves the request for settlement authority on file in the Human
Resources Department.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 3rd day of December, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)