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HomeMy WebLinkAbout1992-10-20; City Council; Resolution 92-313\ II 0 0 d 1 2 3 4 5 6 RESOLUTION NO. 92-313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE WORKERS COMPENSATION CLAIM OF ROY PEIRSON WHEREAS, HCM Claim Management Corp., the Third Party Administrator 7 of Roy Peirson; and 8 for the City of Carlsbad, has recommended a settlement in the Workers Compensation case 9 WHEREAS, there are sufficient funds available in the Workers 10 11 12 13 14 15 16 17 l8 I 19 I Compensation Self-Insurance Fund to pay the settlement, 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 $5,215 from the Workers Compensation Self-Insurance Fund is authorized for the settlement of said case. 3. That the Council accept the Stipulations with Request for Award, attached hereto as Exhibit 2. 20 21 22 23 24 25 26 /I 27 28 0 e a 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City 2 vote, to wit: 3 Council of the City of Carlsbad on the 20th day of OCTOBER 1992, by the following 4 5 6 7 8 9 10 AYES: Council Members Lewis, Kulchin, Larson, Stanton, Nygaarl NOES: None ABSENT: None 11 12 '. ATTEST: 13 ALETHA L. MUTE 14 : 15 16 17 18 19 I 20 21 22 23 11 24 25 26 27 28 0 txH'w z <$ i ,"j L ''\-AD WORKERS' COMPENSATION APPEALS i STATE OF CALIFORNIA Applicant Roy S. Peirson .vs. I CaseNo. SDO 157386 Stipulations with Request for Award I City of Carlsbad, P.S. I. Defendants The parties hereto stipulate to the issuance of an Award and/or Order, based upon the following fact5 waive the requirements of Labor Code Section 5313: 1. ROY S. Peirson ,born 9/26/53 (EmPWW) employed within the State of California as Police Off iCer on 12/18/90 by city of Carlsbad whose compensation insurance ci P.S.I. % HCM Claih (occupabonl (oats of Injury) EWWd Management COrp. sustained injury arising out of and in the course of employment r,eft knee (Parts of body injured: 2 The injury caused temporary disability for the period Fully compensated Labor Code through for which indemnity is payable at $ 4 8 5 0 week. less credit for such payments previously made. 3. The injury caused permanent disability of 11-3 /4 %, for which indemnity is payable at $ 140 .oo per week beginning July 18 I 1991 .inthesumof$ 5,215.00 , less credit payments previously made. An informal rating Dfsp has not been previously issued. (Select ?ne) As* .4. There EX #mot be need for medical treatment to cure or relieve from the effects of sa (Select one) r DWC WCAB FORM 3 (REV. 9-90] RECFlvFn 1M.w EI(T OF INDU5IRW. R MSION OF INDUSTRUL A (Page 1) s~p 17 SIQ 90 3 1 1-1 1 w ' 'W v - wmw+ Cowmwwl~N ,WEAM 'BOARD , .d STATE Of CWFORNU I. .. s. W~ICJJI-J~~~J expensee are payable by detendant rs.rollovre Mission Hills Medical Group has been paid by Defendant, 6. Apgocant's attorney fewest a fee of S 626 7. Llens against convensatlon.afe payable 83 101)oWs: Norre 8. Other stipulations: A) It is further understood and agreed that the aforesaid'sum shall be deemed to include such interest as is provided by Labor Code Section'5800. B)' Based upon the total medical record and the testimony given by Roy S. Peirson, the parties have agreed that the level of disability (11.75%) is based, in full, upon the worker'^ subjective complaints, as opposed to any physical restrictions or work preclusions, ,. 3( Oatea ' Gl.Sh7; 2.- AppIiC8nt s. 555-72-4142 Soctal Security Number 01 ApPlklnt 1157 La Tortug8 Vista, CA 92083 Addf e <F%qb Attorney for Appticant 2330 Third Avenue San Diego, CA 92101-1514 Address of Attorney for Apolicrnt 1200 Carlsbad Village Drive Carlsbad, CA 92008 ~oere9a1 of Emptoyer 3954 Murphy Canyon Road, Suite D2C San Diego, CA 92123 AdQ1eSS ormuranee comgany Charles J. 'Loof, Esq, Attorney or AutnorizeQ mwemntative for &fendant 7851 Mission Center Court, Suite : &an Oiego, a. 92308 -7 reso or Attorney w mtnortzeu rtepasesntatrv& ~ ~~~ ~ tWc WcA9 f OAU'3 (e@/. %$o> I ~~ ~ ~~ -~ ~. ~~~ ~ (Page 2) w*r*mrcI W IMDUIIIIIAL RKUllOIl OWOM OF WUStWAL ACClOLlm