HomeMy WebLinkAbout1982-12-14; City Council; 7229; Workers Compensation Claim Mary StapletonCI JF CARLSBAD - AGENDi' 41LL
ABA 22 9 ITIL WORKERS' COMPENSATION CLAIM IN THE DEPT. HD.
MTG.12-14-82 CASE OF SENIOR POLICE OFFICER CITY A
DEPT. PER MARY STAPLETON CITY MOR. _
RECOMMENDED ACTION:
City Council adopt Resolution No. D S
ITrsM EXPLANATION:
Senior Police Officer Mary Stapleton, of the Carlsbad Police �
Department,has incurred four injuries arising out of her
employment and in the course of her employment with the city.
The disability rating resulting from these injuries in the
opinion of Officer Stapleton's doctors total a permanent
disability of 72 and 1/48. The direct dollar costs for this
d9gree of permanent disability would be $27,947.50. In that
the permanent disability exceeds 70%, Officer Stapleton would
be entitled to a life pension. The life pension would be
paid at a rate of $16.35 per week for approximately 39 years
and reach a total of. $20,889.80. The total maximum value
of Officer Stapleton's case based upon her doctor's opinion
would be $48,837.30. Medical evaluations resulting from
doctors obtain°,'an,t,ie city's behalf determined that the
overall rating•,woul.d be 43 and 1/2% which is equivalent to
$16,222.50. A6-a-result of continuing treatment there are
outstanding medical and legal expenses which could be as i
much as $2,386.97. So the maximum value of the city's
liability could go as high as $48,837.30 plus lifetime medical
care, or as low as $16,222.50.
Officer Stapleton has stated that she would agree to settling '
her case for $20,000 plus i-ifetime medical care for one injury
only. This settlement would be contingent upon granting an
industrial disability retirement and the city would assume
the responsibility for liens of $2,386.97 as mentioned
previously as medical and legal expenses. Considering what
the maximum potential costs to the city would be in this case j
and the cost arising out of continued medical care for all
but one injury it is recommendad that the City Council authorize
the City Manager to settle the case of Senior Police Officer
Mary Stapleton in the amount of $20,000 plus outstanding medical
and legal liens not to exceed a cost of $2,386.97.
FISCAL IMPACT:
Settlement of $20,000 plus lifetime medical care for one injury
and medical and legal liens in the amount of $2,386.97.
EXHIBITS:
Resolution No. 70
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RESOLUTION NO. 7085
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARI.SBAD, CALIFORNIA, AUTHORIZING
A COMPROMISE AND RELEASE SETTLEMENT FOR
A WORKERS' COMPENSATION CLAIM IN THE CASE
-OF MARY C. STAPLETON.
WHEREAS, the City Council has established and clearly defined
its authority to settle workers' compensation claims in excess of
five thousand dollars ($5,000); and
WHEREAS, the claim of MARY C. STAPLETON is approximately
$22,386.97; and
WHEREAS, the City Council authorizes a settlement in that
amount;
NOW, THEREFORE, BE IT RESOLVED by the City Council for the
City of Carlsbad, California, as follows:
1. That the above recitations are'true and correct.
2. That the City Council authorizes and directs the City
Manager to obtain a Compromise and Release settlement in the
workers' compensation case of MARY C. STAPLETON in the amount
stated.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad
City Council held on the 14th day of December, 1982, by the follow-
ing vote to wit:
AYES: Council Members Casler, Lewis, Kulchin and Chick
NOES: None
ABSENT: Council VzTber Prescott
MARY H. ASLER, Mayor
ATTEST:
ALETHA L. RAUTE KRANZ, City C1 rk
(SEAL)