HomeMy WebLinkAbout1982-12-07; City Council; 7185-1; Retention of special counselCr. . OF CARLSBAD — AGENDA BILL
AR4 7185-1
MTG 12-7-82
OEPT. CA
TITLE: RETENTION OF SPECIAL COUNSEL FOR
DEFENSE OF WORKERS' COMPENSATION CLAIMS
OPPT HD.
CITY ATTYVFo
CITY MGR.^d^
RECOMMENDED ACTION:
Approve Resolution No. *71
ITEM EXPLANATION
The City Council at your meeting of October 19, 1982 directed our
office to solicit a proposal from England and Greenberg to act as
special counsel on behalf of the City in defense of workers'
compensation claims. Their proposal dated October 29, 1982
has been received and is attached. Also attached is Resolution
No. *~7 o 7 ^f accepting the proposal and authorizing retention
and payment of the law firm for workers' compensation defense.
FISCAL IMPACT
Provision for the defense of workers' compensation claims is
already budgeted as part of the workers' compensation self-
insurance fund.
EXHIBITS
Proposal dated October 29, 1982
Resolution No.
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SUSAN L. ENGLAND
DAVID S. GREENBERG
ENGLAND & GREENBERG
A PROFESSIONAL CORPORATION
438 CAMINO DEL RIO SOUTH
SUITE B-118
SAN DIEGO, CALIFORNIA 92108
(714) 296-5097
October 29, 1982
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
Attn: Vincent F. Biondo, Jr.
Re: Workers' Compensation Defense
Dear Mr. Biondo:
Enclosed herewith, pursuant to your request by letter dated
October 26, 1982, please find our fee schedule as well as resumes
of both Mr. Greenberg and myself.
Should you need any further information or have any questions
in this regard, please advise.
Very truly yours,
ENGLAND & GREENBERG
By
SUSAN L. ENGLAND
SLE/gg
Enclosure
ENGLAND & GREENBERG
A PROFESSIONAL CORPORATION
438 CAMINO DEL RIO SOUTH
SUITE B-118
SAN DIBGO, CALIFORNIA 92108
SUSAN L. ENGLAND <714> 2%-5097
DAVID S. CREENBEHC
RESUME
SUSAN L. ENGLAND
Received Law Degree from the University of Southern California
in 1961 and was admitted to the practice of law in the State
of California in January, 1962. Thereafter, she was in the
general practice of law for five years until 1967 when she became
a trial attorney with the State Compensation Insurance Fund
handling workers' compensation matters for all of their assureds,
including at that time many public entities. After three years
with State Compensation Insurance Fund, she was appointed as a
judge with the Workers' Compensation Appeals Board and sat as a
Workers' Compensation Judge at the Pomona and later the Santa Ana
offices.
In late 1974, she and her husband moved to the State of Washington
and she was engaged in the private practice of law. In June, 1977,
she moved to San Diego, California and became a partner in the
law firm Mouser, Channels & England. Since returning to
California in 1977, Mrs. England has represented various public
entities both in workers' compensation and disability retirement
proceedings. In January, 1981, that firm was dissolved and the
successor firm, England & Greenberg, continues to specialize in
the defense of workers' compensation cases and related matters.
She is a certified specialist in workers' compensation and serves
on the State Bar Committee setting standards for attorneys applying
for certification of specialization.
DAVID S. GREENBERG
Received a Bachelor of Aeronautical Engineering degree in 1965
from Rensselaer Polytechnic Institute and thereafter was in the
U.S. Navy for five years. He attended the University of San Diego,
receiving his Law Degree in 1973. Thereafter, he engaged in the
general practice of law in San Diego until 1975 when he became a
trial attorney for the State Compensation Insurance Fund. After
approximately a year with the State Fund, he continued his speciali
zation in the defense of workers' compensation matters with
Parker & Dally, a law firm in the San Bernardino area, where he
was associated until mid-1978. At that time he moved to San Diego
and became an associate of Patrick J. Thistle, again specializing
in the workers' compensation and public employee retirement aspects
of that practice. In May, 1980, he joined the firm of Mouser,
Channels & England, becoming a partner in England & Greenberg in
January, 1981. He is a certified specialist in the field of
workers' compensation law.
ENGLAND & GREENBERG
A PROFESSIONAL CORPORATION
438 CAMINO DEL RIO SOUTH
SUITE B-118
SAN DIEGO, CALIFORNIA 92108
SUSAN L. ENGLAND <?'4> 296-5097
DAVID S. GREENBERG
FEE SCHEDULE
Court Appearance, 1/2 day or less $ 150.00
Court Appearance, all day 375.00
Remaining services are billed at the rate of $75.00 per hour.
Typical charges for various types of services are as follows:
Initial review of file, including filing
and service of Answer to Application;
review and filing and service of medical
reports and correspondence analyzing legal
and medical issues, $ 75.00 - $150.00
(Depending on the extent to which the file
contains extensive factual materials, records
or medical file or other materials for
review.)
Preparation and arrangements for service of
Subpoena Duces Tecum for records, $ 15.00 - $ 30.00
Preparation and arrangements for service of
Personal Subpoena, $ 20.00
Arrangements for deposition, including the
obtaining of a convenient date, arrangements
for court reporter and notification of all
interested parties, $ 30.00
Preparation and forwarding of report on
hearing, deposition or other proceedings, $ 30.00 - $ 60.00
Review, filing and service of medical
reports, $ 30.00 - $ 60.00
Arrangements for medical evaluation, in-
cluding securing of appointment dated from
physician, initiation of appointment corre-
spondence, transmittal of medical file and
records to doctor with instructional letter, $ 30.00 - $ 75.00
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RESOLUTION NO.7075
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING
THE RETENTION OF SPECIAL COUNSEL FOR
WORKERS' COMPENSATION DEFENSE.
WHEREAS, Section 2.14.130 of the Carlsbad Municipal
Code provides that the City Council may employ special counsel
under terms it considers proper; and
WHEREAS, the City Council has determined, upon
recommendation of the City Attorney, that it is necessary to
retain special counsel for workers' compensation defense; and
WHEREAS, the City has received a proposal from the firm
of England and Greenberg, dated October 29, 1982, on file in
the office of the City Attorney and incorporated by reference
herein; and
WHEREAS, the City Council wishes to accept the proposal
from the above referenced firm and authorize the City Attorney
to assign cases to it as he considers appropriate;
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 City Council hereby authorizes the City
Attorney to employ the firm of England and Greenberg for the
City's self-insurance workers' compensation defense in
accordance with the terms and conditions of the above-referenced
proposal. The City Attorney is authorized to assign cases to
the law firm as he considers appropriate.
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3. That the City Council authorizes the expenditure of
funds from the workers' compensation self-insurance revolving
fund (Account 71-19-10-2870) as may be necessary to pay the fees
of the City's special counsel.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the
7th day of December ? 1982 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None
J.
MARY H. /CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City CjLerk
(SEAL)
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