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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 . 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. 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))