HomeMy WebLinkAbout1993-10-26; City Council; 12443; SETTLEMENT OF WORKERS COMPENSATION CLAIMS OF RUDOLF METZGER3
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Clm OF CARLSBAD - AGENW BILL ‘
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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
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2.
Resolution No. 9 3 -995
Stipulations with Request for Award
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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:
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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.
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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
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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