HomeMy WebLinkAbout1984-04-03; City Council; 7687; Workers comp claim settlement - R. McGuigan.' .
CIT. 3F CARLSBAD - AGENDA. BILL
MTG. 4/3/84 l- SETTLEMENT OF WORKERS 1 COMPENSATION CLAIM
AB# 7687
I DEPT. PER
RECOMMENDED ACTION:
City Council adopt Resolution No. q5~1 approving settlement
of workers' compensation claim.
ITEM EXPLANATION:
Officer ROBERT A. MC GUIGAN received an industrial disability retirement on November 1, 1982. During the course of his employ-
ment with the city, he incurred several work related injuries. Among those injuries was a fractured ankle, sprained back and a
wrist sprain. These injuries were the basis of a 20% workers'
compensation disability rating which cost the city $4,935. In
addition to the disability compensation costs, the city will be
required to pay for lifetime orthopedic care for Officer MC GUIGAN.
MC GUIGAN has recently submitted medical opinions which support
his contention of additional job related injuries. These include
psychiatric injuries, ulcers, and hypertension. City obtained medical opinions support part of MC GUIGAN'S claim. To resolve
this case the city has two choices. The first choice would be to litigate the case at the Workers' Compensation Appeals Board.
The judgement could range as high as a 62% disability rating, not
including the hypertension, with the cost being at least $9,502.50.
This sum would be paid out in equal weekly amounts over an extended period.
In addition to this compensation, the city would most likely be
' liable for lifetime medical care for the additional disabilities.
The other choice is to agree to a Compromise and Release which has been offered. This would require a sum of $13,650 paid to MC GUIGAN. There would be no additional judgement increasing the percentage of disability and no additional lifetime medical
care costs. The city would still be liable for the orthopedic medical cost previously awarded.
The city's workers' compensation attorney and workers' compensa- tion administrator recommend accepting the Compromise and Release.
The attached resolution is forwarded for council consideration.
FISCAL IMPACT :
Funds are 'available in the city's workers' compensation reserve to pay this settlement.
EXHIBIT:
Resolution No. 7&-5/ .
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RESOLUTION NO. 7551
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING
A STIPULATION WITH REQUEST FOR AWARD FOR A WORKERS' COMPENSATION CLAIM IN THE CASE OF ROBERT A. MC GUIGAN.
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 ROBERT A. MC GUIGAN is approximately
$13,650; 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 in the workers'
compensation case of ROBERT A. MC GUIGAN in the amount stated.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 3rd day of ~p ril , 1984,
by the following vote, to wit:
AYES: -unci1 Mendsers Casler, kwk, Kulchin,Chick and Prescott
NOES: None
ABSENT:
MARY H. gASLER, Mayor 2
ATTEST :
/zJ?&bx,dpQ- ALETHA L. RAUTENKRANZ, City Clefk
(SEAL)