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HomeMy WebLinkAbout1993-10-26; City Council; 12443; SETTLEMENT OF WORKERS COMPENSATION CLAIMS OF RUDOLF METZGER3 6x .. z 0 i= 0 e $ z 3 0 0 Clm OF CARLSBAD - AGENW BILL ‘ m DEPT. CITY P AB#e TITLE: SETTLEMENT OF WORKERS MTG. io -Z& - 93 COMPENSATION CLAIMS OF RUDOLF DEPT.L METZGER CITY m RECOMMENDED ACTION: Approval of Resolution No. 33-aq’ approving the Stipulations with Request for Award whick authorizes the payment of $7,595, at the rate of $140 per week to Rudolf Metzger as settlement of his workers compensation claims. ITEM EXPLANATION On September 13, 1990, Mr. Metzger, a fire engineer, injured his left knee while climbing stairs. His condition has stabilized and he has no permanent disability or need for further medical care associated with this injury. On November 6, 1990, Mr. Metzger injured his left shoulder during a training exercise. His condition has stabilized and he can continue to work as a firefighter. He suffers from permanent disabilities which cause pain and some loss of forward flexion and external rotati01 of his shoulder. He may need additional medical treatment in the future. The terms and conditions of the proposed settlement are set forth in the Stipulations with Request for Award (Exhibit 2). The terms and conditions were agreed upon by the attorney representing the claimant and the attorney representing the City, and have been approved by HCM Claim Management, the City’s Third Party Administrator. FISCAL IMPACT The cost of the settlement is $7,595 excluding possible future medical treatment for his shoulder. If such treatment is required, the City will be obligated to pay those expenses. There is no method for predicting what those costs may be. There are sufficient funds available in the Workers Compensation Self-Insurance Fund to cover the cost of this settlement. EXHIBITS 1. 2. Resolution No. 9 3 -995 Stipulations with Request for Award 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16. 17 I.8 19 20 21 22 . 23 24 25 26 27 28 e 0 RESOLUTION NO. 9 3 - 3 9 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETEEMENT OF THE WORKERS COMPENSATION CLAIMS OF RUDOLF METZGER WHEREAS, Attorney Mark A. Block and HCM Claim Management Cop, the Third Party Administrator for the City of Carlsbad, has recommended a settlement in the Workers Compensation case of Rudolf Metzger; and WHEREAS, there are sufficient funds available in the Workers Compensation Se Insurance Fund to pay the settlement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the expenditure of $7,595 from the Workers Compensation Self- Insurance Fund is authorized for the settlement of said case. That the Council accept the Stipulations with Request for Award, attach< here to as Exhibit 2. 3. I I I I I I I I I 1 2 3 4 5 6 7 8 9 10 I1 12 I.3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of OCTOBER 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Fin NOES: None ABSENT: None ATIEST LUG& LEmi id. i'Aitiz=erk I &.p/kant Rudolf Metzger CaseNo. 91 SDO 91 SDO Stipulations with Request .a 0 ., e t. WORKEna COMPENSATION WPEALS BOAR1 STATE OF CALIFORNIA 5. MedicgClegal ex nses are Pa able py defendant as follows: Defendants will pay or ad: the lien of?Dr. Markarian. SIP 6. Appllcant's attorney request a fee of S 7. Liens against cOmpenSatiOn are payable as follows 8. Other stipulations: A. It is further understood and agreed that the aforesaid SUI deemed to include such interests as is provided by Labor Code 5800. B. The applicant has no permanent disability or need for fur medical care associated with the injury of 9/13/90 to the lef C. Parties stipulate that the opinion of Dr. Markarian regar restrictions was modified by the deposition of the doctor con 5/4/93. Work restrictions relating to the applicant's left u extremity is prophylactic in nature and consisting of an avoi repetitive or frequent use of the left upper extremity above level and no repetitive or frequent heavy use and pushing and of the left upper extremity. 8- d7-93A Dated Rudolf Metzger L Applicant 283-38-7928 Carlsbad, CA 92008 Social Security Number of Applicant 4647 Pannonia Road 3954 Murphy Canyon Road, S Carlsbad, CA 92008 Address of Rant Scot A. O'Mar Attorney for Applicant 2333 Third Avenue San Diego, CA 92101-1514 San Dieqo, CA 92108 Address of Attorney for Applicant - I 1200 Carlsbad Village Drivc Address Of Employer 7851 Mission Center Court, Address of Attorney or Authorized Representa * B. *y 'AH- .9?Q Dwc wc*8 f ORU 3 (Ror. 9-90) (Page 2) DEPARTMENT OF INOUS DMSlON OF INDUSI