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HomeMy WebLinkAbout1994-01-04; City Council; 12523; Workers Comp Claim Settlement ProposalI 4 1 SETTLEMENT PROPOSAL FOR SAMUEL ENDED ACTION: Approval of Resolution No. q9-y approving the proposed Stipulations with Request for Award which authorizes the payment of $10,220 at the rate of $140.00 per week to Samuel Granillo as settlement of his workers compensation claim. ITEM EXPLANATION Samuel Granillo is a Park Maintenance Worker I1 currently employed by the City. He injure his back on 6/26/92 when he fell while trying to move a cement trash container. This injury required surgery in March of 1993. Mr. Granillo’s condition has stabilized and he has been declared permanent and stationary, He continues to have frequent, mild pain in his lower back and is restricted from veryjeavy The proposed settlement was negotiated by Mr. Granillo’s attorney and HCM Claim Risk Management is recommending approval of the proposed settlement. FISCAL IMPACT The cost of the settlement is $10,220 excluding possible future medical treatment. 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. 1 c ’. 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 0 RESOLUTION NO. 9 4 - 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE WORKERS COMPENSATION CLAIM OF SAMUEL GRANILLO WHEREAS, HCM Claim Management Corp., the Third Party Administrato for the City of Carlsbad, has recommended a settlement in the Workers Compensation case of Samuel Granillo; and WHEREAS, there are sufficient funds available in the Workers Compensation SelE-Insurance Fund to pay the settlement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit] of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the expenditure of $10,220 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, attached hereto as Exhibit 2. 3. . 1 2 3 4 5 6 7 8 9 10 I’ 12 13 14 15 16 17 l8 0 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City 2ouncil of the City of Carlsbad on the ,,rote, to wit: 4th day of January 1994, by the following AYES: NOES: None ABSENT None Council Members Lewis, Stanton, Kulchin, Nygaard and 1 ATEST: - 2.--, tlLLETHA L. RAUTENKRANZ, City Clerk I 19 20 21 22 23 24 25 26 27 28 ! 1 , Ex WORKERS COMPENSATION APPEAtS BOARD STATE OF CAUFORNIA Applicant Case No. Unassigned Samuel Granillo Stipulations with Reques vs. for Award SSN: 553-94-8345 City of Carlsbad, P.S.I. Defendants The parties hereto stipulate to the issuance of an Award and/or Order, based upon the foll waive the requirements of Labor Code Seaion 5313: 1. Samuel Granillo ,bm April 18, 1952 (-) employed within the State of Caifornia as Part mint. Worker L bn-kmxLaL whose compensation admj sustained injury arising out of and in the course of employment Risl (DcrUPaca) (Date a by City of Carlsbad HCM Claim Mqt* (EmP)orc?) ( PU 2 The injury caused temporary disability for the period Harch 27, 1991 kugh July 16, 1991 for which indemnity is payable at $3 week, less credit for such payments previausly made. 3. The injury caused permanent disability of 8%. for which indemnity is paRml;dl , in the sum of $3 t 360 oo&o$g per~&&ginning July 17, 1991 payments previously made. ( qb2, 14 cKEV\t TqrnrtobbCC 114 433 hn informal rating has not been previously issued. 4 (scleaoor) rc. WR. Fwwae hEDw& Camcr 4. Upbunt%%an6? Ir;’myt%to inlury herein mentioned as rfer D1 report of 9/16/93, defendant has five days to authorize good cause for denial. Failure to do so shall give applic authority to secure whatever treatment is necessary to cure ( the effect of injury. DUARTYCWT OC 11 OIVI#ION OF It fr < WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA 5. Medical-legal expenses are payable by defendant as follows: Defendant has paid all medica -legal expenses. (-0C-L- TyP.%*PaL\fLd 47s . "") .oo 6. Applicant's attorney request a fee of $ yQ3 7. Liens against compensation are payable as follows: None 8. Other stipulations: d)D&tf ox= \dyWy \5 3-Zb-4\, de7 '3-x7-4( fib OCLL \dAu-y LL*\wv:n 7 cn. ct-)dc: -1. RECFIUFn x //- 23 - 4?? Dated DEC 0 2 KJ-a Applicant Samuel Granillo Social Security Number of Appliat 1200 Carlsbad Village Drive 553-94-8345 Carlsbad, CA 92008 Address of Employer 2855 Cottingham Street 3954 Murphy Canyon Road, D-: Oceanside, CA 92054 San Dieao, CA 92173 Adaress of ~m~ran~e Company Karen Church Attorney or Authorized Representative for Dc 2330 Third Avenue 3954 Murphy Canyon Rd, D-20 San Dieso, CA 92123 San Dieso, CA 97101 2019 Address of Attorney or Authorized Represent Attorney for Applicant Stewart Atcheson - Address of Attorney for Applicant