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HomeMy WebLinkAbout1985-03-19; City Council; 8092; Stipulated finding & award - R. MetzgerA6# XWzL MTQ* 3/19,/85 DEPT. PER Adopt Resolution No. 773. . TITLE: DEPT. HD. ) 1 STIPULATED FINDING AND AWARD CITY Am%% CITY MQR. ITEM EXPLANATION: Fire Engineer RUDOLF METZGER of the Carlsbad Fire Department has incurred eye injuries arising out of his employment and in the course of his employment with the city. The disability rating resulting from the injury was agreed upon by Engineer Metzger's attorney and the city's workers' compensation attorney and workers' compensation administrator as a 22% permanent disability. This agreement is known as a Stipulated Finding and Award. A permanent disability award equals $10,465. The city would still be liable for future medical costs for treatment of Engineer Metzger's eyes. FISCAL IMPACT: The Stipulated Finding and Award would cost $10,465. Future medical care for eyes cannot be predicted. EXHIBIT : Resolution No. 77d3 . f 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 1: 1E 15 1E 1E 2( 21 2: 2: 21 2! 2t 2'1 2( RESOLUTION NO. 7933 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING A STIPULATED FINDING AND AWARD FOR A WORKERS' COMPENSATION CLAIM IN THE CASE OF RUDOLF METZGER. 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 RUDOLF METZGER is approximately $10,465; and WHEREAS, the City Council authorizes a settlement in that amount; NOW, THEREFORE, BE IT RESOLVED by the City Council for $he City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the City Council authorizes and directs the City Manager to obtain a Stipulated Finding and Award in the workers' compensation case of RUDOLF METZGER in the amount stated. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the the following vote to wit: 19th day of March, 1985, by AYES: Council Members Casler, Kulchin, Chick and Pettine NOES: Norbe ABSENT: Council mnber Ms ATTEST : d&L&&/ 6zL2a-k ALETHA L. RAUTENKRANZ, City CPerk ( SEAL) c March 20, 1985 TO : Marc Revere, President Don Metcalf, President Lorraine Irving, President Firefighters Association Police Officers Association Miscellaneous Employees Association FROM: City Manager HEALTH INSURANCE FOR COMMON LAW DEPENDENTS The purpose of this letter is to advise you that the city cannot pay for dependent health insurance coverage for common law dependents. Let me explain the background on this issue. About a month ago it was brought to my attention that Carlsbad had been paying for dependent health insurance coverage for persons living with city employees. I immediately asked for an investigation and this is what I learned. The city entered into a contract with Crown Life in August 1982 for employee health insurance. That policy extends coverage to "dependents" of city employees. Dependents are defined in the contract as legal spouse and natural or adopted children (including step-child or foster child). In April 1983 an employee requested coverage for a common law dependent. The coverage was accepted by Crown Life. Since 1983 a total of four common law dependents have been covered. Common law dependents do not qualify as legal dependents under the city's insurance contract. Therefore there is no authorization for payment of premiums. I have notified Crown Life that the city will not pay for common law dependent coverage because it is not provided under the terms of the August 1982 contract, and further that the city is not bound by the actions of the insurance company or its employees. Since this issue was raised, the Personnel Director has met with representatives of each employee organization to explain the situation. Please advise your membership and express my regret that this misunderstanding has occurred. In the long run I am confident that the employee group insurance program will be better off without common law dependent coverage. 2d- FRANK ALESHIRE FA:b