HomeMy WebLinkAbout1991-06-25; City Council; 11210; Settlement0
0 pc
9
5
.. z 0 F 0 a
d 0 z 3 0 0
CI”’ OF CARLSBAD - AGENr BILL
SETTLEMENT OF WORKERS
MTG. 6/25/91 COMPENSATION CLAIMS OF PETER
SALVATO
RECOMMENDED ACTION:
Approval of Resolution No. 9 I -1 g’i approving the Stipulations with Request for Award which
authorizes the payment of $6,755, at the rate of $140 per week, to Peter Salvato, as
settlement of his various Worker’s Compensation claims.
ITEM EXPLANATION
This case arose as the result of numerous claims filed by the claimant. He was a Street
Maintenance Worker I1 in the Utilities & Maintenance Department. He sustained several
work related injuries to his back during the course of his employment with the City.
In addition to the permanent disability award, the claimant is entitled to future medical care, if
necessary, for his injuries. He is also entitled to rehabilitation benefits should he decide to
exercise that right in the future.
The Stipulations with Request for Award was negotiated between Attorneys representing the
claimant and the City of Carlsbad.
It is Staffs recommendation that the Stipulations be approved.
FISCAL IMPACT
The total cost of the settlement, excluding possible future medical treatment and rehabilitation
benefits, is $6,755. If the claimant requires any future medical treatment or decides to
exercise his right to rehabilitation benefits, the City will be required to absorb those costs.
There is no method for predicting what those expenses may be. There are sufficient funds
available in the Worker’s Compensation Self-Insurance Fund to cover the cost of this
settlement.
EXHIBITS
1. Resolution No. 9 7
2. Stipulations with Request for Award
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 9 1 - 18 9
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING THE EXPENDITURE OF FUNDS
FOR SE’ITLEMENT OF THE WORKER’S
COMPENSATION CLAIMS OF PETER SALVATO
iHEREAS, Mr. Charles Laof, Defense Counsel for the City of Carlsbad in this matter,
as recommended a settlement in the Worker’s Compensation case of Peter Salvato; and
.
WHEREAS, there are sufficient funds available in the Worker’s Compensation Self-
isurance Fund to pay the settlement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
larlsbad, California, as follows:
1.
2.
That the above recitations are true and correct.
That the expenditure of $6,755 from the Worker’s Compensation Self-
Insurance Fund is authorized for the settlement of said case.
That the Council accept the Stipulations with Request for Award, attached
hereto as Exhibit 2.
3.
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
%unci1 o
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City
the City of Carlsbad on the *5th day of June . 1991, by the following
rote, to wit:
AYES: Council Members Lewis, Kulchin, Larson and Stanton
NOES: None
ABSENT: Council Member Nygaard
4-ITEST
1 TLL 4
4LETXA L,. RAUTENKANZ, City Clerk
Peter Salvato Appliwnt
The parties hereto stipulate to the issuance of an Award andlor Order, based upon the following facts, and
waive the requirements of Labor Code Section 5313:
5). SDO ; 6). SDO Case No.
Stipulations
, while
employed within the State of California aaaintenance Worker IIonVarious , See Attache?
by City of Carlsbad whose compensation insurance carrier was
1. Peter Salvato ,born May 28, 1937
(Empbm)
( hp.tion ) ( Data of Injury )
(EmPb-)
sustained inj arising out of and in the course of employment Back
Administered by Bierly &yssociates ( Pam of body iniud )
2. The injury caused temporary disability for the period - Fully Compensated
Various
through - for which indemnity is payable at $ Rate per
week, less credit for such payments previously made.
3. The injury caused permanent disability of 14-1 / 3, for which indemnity is payable at $ 140.00
755 O0 , less credit for such , in the sum of $ July 24, 1990 per week beginning
payments previously made. 0
An informal rating- has not been previously issued.
(Sebctoac)
4. There ill may be need for medical treatment to rure or relieve from the effects of said injury.
(S.lec( one)
DCPARTMCNT OC INDUSTRIAL RCLATlONS
OIVI~IOW OF INOUSTRtAL ACCIOCMTI
6
c
WORKERS COMPENSATION APPEAL^ BOARD
STATE OF CALIFORNIA
5. Medical-legal expenses are payable by defendant as follows:
Lawrence A. Jenkins, M.D., $1,250.00
6. Applicant's attorney request a fee of $810.00 PL 5
7. Liens against compensation are payable as follows:
None
8. Other stipulations:
A) It is further understood and agreed that the aforesaid sum
shall be deemed to include such interest as is provided by
Labor Code Section 5800.
7 zL/* /99/ Dated
Applicant Peter Salvato
549-50-6601
Social Security Number of Applicant ~ 1172 Stratford Drive Encinitas, CA 92024
Address of Applicant -
Attorney for AppIicant Victor T. Balaker 2646 Madison Street
Address of Attorney for Applicant Carlsbad, CA 92008 -
1200 Elm Avenue, Carlsbgd, CA
3954 Murphy Canyon Road, Suite D205 San Dieqo, CA 92123
92008
Address of Employer
Address of Insurance Cornpaw n
Charles J. Loof
Attornev or Authorized Re 7851' Mission CeGter Court)JSui& 210
San Diego, CA 92108
Address of Attorney or Authorized Representative
I n\
ADDENDUM
Re: Peter Salvato
1). SDO 143653 Date of Injury: 4/2/85, Back
2). SDO 143654 Date of Injury: 5/7/86, Back
3). SDO 143652 Date of Injury: 11/23/87, Back
4). SDO 143655
Date of Injury: 4/1/89, Back
5). SDO
Date of Injury: 6/23/89, Back
6). SDO
Date of Injury: 1/22/90, Back
WORKERS’ COMPENSATION APPEALS BOARD I
STATE OF CALIFORNIA
I
AWARD
AWARD IS MADE in favor of ---PeterSd2X!t~ __-__-_____- against
(A) Temporary disability indemnity in accordance with paragraph 2 above,
(B) Permanent disability indemnity in accordance with paragraph 3 above,
Less the sum of $- payable to applicant’s attorney as the reasonable value of services
rendered.
Less liens in accordance with Paragraph 7 above,
(C) Further medical treatment in accordance with Paragraph 4 above,
( D ) Reimbursement for medical-legal expenses in accordance with Paragraph 5 above,
(E)
Dated: Workers’ Cornpensarum Judge
WORKERS’ COMPENSATION APPEALS BOARD
Copy served on all persons listed on Official Address Record.
Date:
OL?ARTYCNT OC INDUSTR14L RCLATIONS