HomeMy WebLinkAbout1986-06-03; City Council; 8637; Workers comp claim settlement - K. CarterCIT OF CARLSBAD - AGEND BILL
4B# 8637
ATG. 6-3-86
IEPT. PER
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TITLE
AUTHORIZATION FOR THE SETTLEMENT
OF A WORKERS' COMPENSATION CLAIM
CITY MGR.
RECOMMENDED ACTION:
Approve Resolution No. 8576 authorizing the settlement of a workers'
compensation claim of Kenneth Carter.
ITEM EXPLANATION
City Council Resolution No. 7042, October 19, 1982 requires that any workers'
compensation claim settlement which exceeds a cost of $4,999 must be referred to
the City Council for determination.
In the case of Kenneth Carter, a retired firefighter, the injury in question is
a lower back injury which is now permanent and stationary. The agreed to cost
of settlement is $17,325 which canpensates for a 25% disability. The City has
previously awarded Carter $2,607.50 for a knee injury and took credit leaviq a
balance of $14,717.
settlment of $13,370 with the City paying future medical costs.
As a result of negotiations, Carter has agreed to a
The City's workers' canpensation attorney and administrator recanmend acceptance
of the stipulated finding and award of $13,370.
FISCAL IMPACT
Settlement costs would total $13,370, available in the Workers' Compensation
Reserve Fund.
EXHIBITS
Resolution No. PX?&
Susan England letter dated April 19, 1986
Bierly ad Associates memo dated April 18, 1986
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RESOLUTION NO. 8576,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING A STIPULATED
FINDING AND AWARD AND SETTLEMENT FOR A WORKERS'
COMPENSATION CLAIM IN THE CASE OF KENNETH CARTER
WHEREAS, the City Council has established and clearly defined its authority
to settle workers' canpensation claims in excess of Five Thousand Dollars
($5,000); and
WHEREAS, the claim of KENNETH CARTER is $13,370; and
WHEREAS, the City Council authorizes a settlement in that mount.
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 obtai
a Stipulated Finding and Award settlement in the workers' canpensation case of
KENNETH CARTER in the mount stated.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 3rd day of June , , 1986, by the following vote,
to wit:
__
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
- MARY H. VSER, Mayor
ATTEST:
Lkk?LdRA
ALETM L. RAUTENKRPNZ, City Clerk
(SEAL)
SUSL.N L CNGLANO
STEPHEN 0 WISMAR
JOUh J. HOOIK. JR.
LAW OFFICES OF
SUSAN L. ENGLAND
A PlO~LSSlONAL COIPOIATION
438 CAHINO OEL RIO SouTcl
SUITE 8-tie
SAN DIECO. CALIFORNIA 82108-3578
April 14, 1986
BIERLY 5 ASSOCIATES
7750 Dagget Street, Ste. 112 San Diego CA 92111
Attn: Les Renney
Re : Kenneth Carter vs. City of Carlsbad
84 SD 88442; 88443
484-0105; 484-0082
AREA COOC 010
TELEPHONE 206-SOOT
..
'. .
Dear Mr. Renney:
This matter came on for a Rating Conference in Department 1 on April 8, 1985. The applicant was present and represented by
Attorney Bala ker .
The ratings are both 5% higher than anticipated by either myself or,
for that matter, Mr. Balaker. Dr. Auerbach's report was given a 30
standard, apparently because of the no repetitive climbing preclusion
in addition to the more usual 25 standard language and adjusted to
36% or $20,377.50. The mid-point between applicant's and defendant's medical would be equivalent to 304% permanent disability or $17,325.00. Defendant's medical has a value of 25% or $13,370.00.
As you are aware, I have filed a Petition to Reopen the earlier award of the applicant in which he was paid $2,607.50 in permane'nt
disability for a right knee injury. In view of the applicant's claims about rehabilitating himself and the opinion of Dr. Auerbach, it
seems unlikely that a trial will result in a judge believing that 11-
3/4% disability (the earlier stipulation) for the knee should be
subtracted from the back. Rather, I anticipate he would grant our
Petition to Reopen and give the employer a credit for the $2,607.50.
In view of this, I sought to negotiate a Compromise and Release. Applicant adamantly refuses a Compromise and Release. Applicant
will agree to a Stipulation to 25% permanent disability for the low back (our medical) plus "may be a need of care."
I recommend this to the City. It is less than the mid-point in the medical after deduction of the $2,607.50 prior award. Please advise promptly whether the City will extend authority for this.
Very truly yours, Law Offices of SUSAN L. ENGLAND
(5 1
HN J. HODIK, JR.
CITY OF CARLSBAD/Attn: Jerry Pieti
J..
BIERLY AND ASSoCIATES 41 r/ /. '7 7750 DAGGETST., SUT@@6
SAN DIEGO, CAI=IFOI?I& 921 11 -2,
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