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HomeMy WebLinkAbout1989-10-03; City Council; 10280; Workers comp claim settlement - C.A. MilyardCIT'-' OF CARLSBAD - AGENr ~ BILL SETTLEMENT OF WORKER'S COMPENSATION CLAIMS OF kB# /P, Jfa TITLE JITQ. 10/3/89 IEPT. RM CURTIS A. MILYARD DEPT.Hd CITY ATTY , CITY MOR.-+ RECOMMENDED ACTION: Approval of Resolution No. approving the Stipulation with Request for Award the payment of $16,520, at the rate of $140 per week, to Curtis A. Milyard, as settlement of his various Worker's Compensation claims. ITEM EXPLANATION This case arose as the result of numerous claims filed by the Claimant. The Claimant was a carpenter in the Parks & Recreation Department. He sustained several work related injuries to his back during the course of his employment with the City. The Stipulation with Request for Award was negotiated by the attorneys representing the Claimant and the City of Carlsbad. The Claimant is also entitled to future medical care, if necessary, provided that he makes a documented demand for said care prior to obtaining it. This restriction does not apply to emergency situations. It is Staff's recommendation that the stipulation be approved. FISCAL IMPACT The total cost of the settlement, excluding possible future medical treatment, is $16,520. If the Claimant requires any future medical treatment for his injuries, those costs will be absorbed by the City. There is no method for predicting what those costs may be. Sufficient funds are available in the City's Worker's Compensation Self-Insurance Fund to cover the cost of the settlement. EXHIBITS 1. Resolution No. 2. Stipulation with Request for Award 1 2 3 4 5 6 7 a 9 10 11 12 13 14 1: l€ 17 1E 1s 2c 21 22 22 24 2: 26 2; 2E RESOLUTION NO 89-346 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE WORKER'S COMPENSATION CLAIMS OF CURTIS A. MILYARD WHEREAS, Mr. John Mullen, Defense Counsel for the City of Carlsbad in this matter, has recommended a settlement in the Worker's Compensation case of Curtis A. Milyard; and WHEREAS, there are sufficient funds available in the Worker's Compensation Self-Insurance Fund to pay the settlement, NOW, THEREFORE, 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 $16,520 from the Worker's Compensation Self-Insurance Fund is authorized for the settlement of said case. 3. That the Council accept the Stipulation with Request for Award, attached hereto as Exhibit A. /// /// /// /// /// /// /// /// 1 2 3 '4 5 6 7 e 9 1c 11 12 12 14 15 1C 11 1E 15 2c 21 22 22 24 2: 2e 27 2E PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 3rd day of October , 1989, by the following vote to wit: AYES: Council Members Lewis, Pettine, Mamaux and Larson NOES: None ABSENT: Council Member Kulchin ATTEST : YlA R@adA ALETKA L. RAUTENKRANZ, City Clerk \ .- WORKERS' COMPENSATION APPEALS BOARD @TAT€ OC CALIFORNIA CURTIS A. XILYRRt3, V8, CZTY OF CARLSBAD, pr~!~lasibly self-insured adjusted by BrERLY & ASSOCIATES, XNCa D*- with Request for Award Tb partier hato rtipulate to the issumce of an Award and/or Order, based upon the following facts, and waiva the requireamb of Labor Code Se&n 5313: , while June 18, 1947 1. Curtis A. Milyard born &Mi@@ 11 a for which indemnity is payable at $.-- per wd, 1989 mdit for such paymenb ~evfo~rly made, [The parties stipulate that all com- pensable temporary disability fia~ been paid in full.] L WORKERCL' COMPENSATION APPEALS BOARD *- STATE OF CALIFORNIA 5, Msdical-IegP1 eqenner wa payable by defendant a3 follow~: The xtedical-legal chargea of Dr, Jesse S, Gomsz, Jr. will be gaid/adjusted betweer. the parties and with the Appeale aoard reserving jurisdiction of the same if applicable. 6. Appliaant'e atwrnoy rqusst P fee of b 7. timi Bgainst compensaticm are gayable an follows: n/a 8. Other stipulations: The parties agree and stipulate that the applicant "maybe' in need of future medical care. It ia further agreed and strpulated that prior to t)le time that the anployer is responsible fur future medical can tha appllaant must make a docunented demand for such future medical care on the employer or the employer's adjusting agency. Abserk a docurnetltsd demand for future medical care, the applicant's further medical treatment will be self-procured and non-reimburseable, controlLng in a true zrnergency situatioa, however? it is understood that the enployex will be notified of the pending receipt of medical care as soon as the emergency resolves. Thier stipulation is not Applfmt Curtis A. Mulyard 2729 Crest Avenue Carlsbad, CA 92008 Address Qf Appbnt Attornay fat Applicpnt 2646 Madison Street c Carlsb,ad. CA P2P 08 Addresr of Ammey far Applicant 1200 Elm Avenue Carlsbad, CA 92098 7730 Dagget street, Suite 206 San T)ieuoLCA 92111 Addrert of lnrurancc Cotnpany AddteyL; Of EmplOy8r Attorney or .4uth~hzcd Rep&enCetive for Defendant 450 'lg" St,, Ste. 900 Address of A%ey or Authorized Representative I3te CA 92191 - WORKEL COMPENSATION APPEALS BOARD STATE OF CALIFORNIA AWARD -------I---- --- of: ( A) Tampriry disability indemnity in wc~rdmce with paragraph 2 ~bove, (b) Permnnent diubilky indemnity in accodancc with paragraph 3 above, Less thr aum of 8- tended. I payable to applicant'r attorney aa the rcaoonable value of services ~SJ lbno in Bccardanct with Paragraph 7 above, (C) Furthur mdicd treatment in accordance with Pm$rclph 4 above, { D Retmburscmmt for mdicatlrpl expenses fn accordance with Paragraph 5 above, me& WWW Compworron jud@ WURnRS' COMPEN8ATION APPEALS BOARD Capy served on RU persons listed on Official Addteeu Rewrd. Dah: ---