HomeMy WebLinkAbout1985-03-05; City Council; 8075; Compromise & release - E. RodriguezAB# X87Jd
MTO. 3/5/@
DEPT. PERS
RECOMMENDED ACTION:
P.
TITLE:
CITY ATTYM/ COMPROMISE AND RELEASE
CITY MOR.-%
City Council adopt Resolution No. 7928.
ITEM EXPLANATION:
Police Officer Elizabeth Rodriguez has incurred injuries
arising out of her employment and in the course of her employment with the city.
In the opinion of Officer Rodriguez' doctor the injuries
constitute a 54% disability which would have a settlement cost of $34,970. In the opinion of the city's doctor the
disability is at 24% with a settlement cost of $11,765. After a detailed review of the case and recognition that continuing care costs can be extensive it is recommended a compromise be considered.
A settlement resulting in a disability percentage of 39% and a
cost of $25,000 is acceptable to both parties. This would be accomplished by a Compromise and Release agreement. Such an
agreement precludes continuing medical care costs and closes the case.
The proposed settlement is recommended by the City Manager,
City Attorney, Workers' Compensation Administrator, and
lJorkers' Compensation Attorney.
FISCAL IMPACT :
Settlement of costs would total $25,000. Funds are available in the Worker's Compensation Reserve Fund to pay this settlement.
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RESOLUTION NO. 7920
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING A COMPROMISE AND RELEASE SETTLEMENT FOR A WORKERS' COMPENSATION CLAIM IN THE CASE
OF ELIZABETH RODRIGUEZ.
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 ELIZABETH RODRIGUEZ is approximately
$25,000; 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 ELIZABETH RODRIGUEZ in the amount
stated.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the - day of
the following vote to wit:
March , 1985, by
AYES: Council Mrs Casler, LRWis, Kulchin and Chick
NOES:
ABSENT: EJone
ABSTAIN: Council &nhr Fettine ATTEST :
AL~HA ~Aaw!r ENK-Z, City Clerk
R. mZ, Deputy City Cl&k
( SEAL)
d' &?&<
MARY HdCASLER, Mayor