HomeMy WebLinkAbout1987-09-08; City Council; 9161; Workers comp settlement - J.N. PietitpJ &W CI-' OF CARLSBAD - AGENr- BILL
4B# 9 I le 1
WTG. 9/8/87
JITLE: CLOSED SESSION: APPROVAL OF SETTLEMENT OF WORKER'S
COMPENSATION CLAIM OF JEROME N. DEPT. RM I PI ET1
RECOMMENDED ACTION:
Approval of Resolution No. 92133 approving the Stipulation with Request for
Award which authorizes the payment of $14,245, at the rate of $140 per week,
to Jerome N. Pieti, as settlement of his worker's compensation claim. The
issue of future medical care is to be submitted for a decision by the WCAB
Judge.
ITEM EXPLANATION
This case arose as the result of a worker's compensation claim filed by Jerome N. Pieti, Personnel Director for the City of Carlsbad. The application filed by the claimant alleged injury arising out of his employment which resulted in hypertension from continuing stress and strain. was negotiated by the attorneys representing the applicant and the City of
Carlsbad.
The stipulation
It is staff's recommendation that the stipulation be approved.
FISCAL IMPACT
The total cost of the settlement, including medical-legal expenses, is $15,176. Sufficient funds are available in the City's Worker's Compensation Reserve Account to cover the costs of this settlement.
EXHIBITS
1. Resolution No. 9a33
2. Stipulation with Request for Award
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RESOLUTION NO. 9233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS
FOR SETTLEMENT OF THE WORKER'S COMPENSATION CLAIM
OF JEROME N. PlETl
WHEREAS, by recommendation, Mr. Robert A. Kegel, Defense Counsel
for the City of Carlsbad in this matter, has approved a settlement in the
Worker's Compensation case of Jerome N. Pieti; and
WHEREAS, there are sufficient funds available in the Worker's
Compensation Reserve Account to pay the settlement,
NOW, THEREFORE8 BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the expenditure of $15,176 from the Worker's Compensation
Reserve Account is authorized for the settlement of said case.
3. That the Council accept the Stipulation with Request for Award,
attached hereto as Exhibit A.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 8th day of
September , 1987, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ATTEST:
- ,. , .. Exhibit A
WORKERS' COMPENSATION APPEALS BOARD .. *
STATE OF CALIFORNIA
Applicant JEROME PIETI
15.
CITY OF CARLSBAD
A LEGALLY UNISNURED EMPLOYER
CaseNo. 86 SDO 120952
Stipulations
\vi th Request
for Award
The parties hereto stipulate to the issuiince of an Award and/or Order. bascd upon the following facts, and
waive the requirements of Labor Code Section 5313:
, \vliile 2/28/26 --, born ________- JEROME PIETI 1. - (Employee) manager (personnel) 1972-7/1/87 employed within the State of California as - ~____ on -----,
( Orwrration 1 I Dste of lniury)
- sustained injury arising out of and in the course of employment LW ' ascdar
( Parts of bndy inrurcd 1
no compensable lost time 2. The injury caused temporary disability for the period --_---
through - --- for which indemnity is payable at $ Per
week, less credit for such payments previously made.
3. The injury caoscd permanrnt tlisaldity of 261/?;! for which indemnity is payable at $- 140.00
per week beginning -LL-----, 7 4 87 in the sum of $14,245.O_q less credit for such
payments previously made.
An informal ratingmX has not been previously issued.
( Select OM 1
4. *X&X X& )&xxmxua X&xI3(&iu4D( k&LXlX&Jt xa x.304 kW X30~~.3O(Ec&X X&X XrkXtlS M X&J Xl&SX.X (Selrvt one ) ' The issue of applicants entitlement to future medical care is submitted for decision by the ElCAB judqe.
AGRICULTURC AND SLRVICLS ACLNCV
DLCARTYLNT OF INOUSTRIAL RLLATIONS
DIVISION OF INDUSTRIAL ACCIDLWTS
DIA WCAB FORM 3 IRLV. 5.758
- - --- 1 -4 . WORKE,..~ COMPENSATION APPcAL~ BOARD
STATE OF CALIFORNIA
5. hletfical-legal cxpeiises are payable by defendant as follows:
Dr. Cundiff $781.00
Dr. North $150.00
6. Applicant's attorney request a fee of $ 1 ,700. 00
7. Liens against compensation are payable as follows:
Reasonable attorney's fees. Line claim of Colen & Lee in the sum of $150.00.
8. Other stipul a t' ions:
The parties hereto agree that the applicant is not disabled from
performing his regular duties as a personnel manager by the disability set forth herein and is not a qualified injured worker within the meaning of Labor Code Section 139.5. The parties agree that no interest is payable if Award is paid
within twenty days of the approval of the Award.
It is hereby agreed by the defendant employer that the attorney's fee awarded in the above-entitled matter may be commuted off the far
end of the Award.
Dntcd ---/ A f
u 371-24-9304 - Social Security Number of Applicant 2642 Abedul Carlsbad, CA 92008
Address of ApDlicant PATRWJ'.ZS
By :
110 West "C" St et
- Attorney for Applicant CX J. THISTLE
San Dieso, CA 92101
Address of Attonicy for Applicant
1200 Elm Avenue
Carlsbad, CA 92101
Address of Employer 1930 S. Brea Canyon Road, #lo0 Diamond Bar, CA 91765
Address of Insurance Company
.O. Box 1499, Santa - Ana, CA 92/02 -- Address of Attonicy or Autliorizccl I3cyrtwiit;itive
AORICULTURC AND SLRVICLS AGENCY
DLPARTMLNT OF INDUSTRIAL RLLATIONS
' (Pwe 2) DIVISION OF INDUSTRIAL ACCIDLNTS DIA WCAB FOlM 3 (ncv. 5-7))