Loading...
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 ~ 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, y c