HomeMy WebLinkAbout1995-04-11; City Council; 13100; BENEFITS AWARDED FOR WORKERS' COMPENSATION CLAIMS OF JAMES ZISKABENEFITS AWARDED FOR WORKERS
COMPENSATION CLAIMS OF JAMES ZISKA MTG. 4/11/95
Adopt Resolution No. 4 5 c Sac approving the Decision, Findings and Award which awards
payment of $16,835 to James Ziska.
ITEM EXPLANATION
The claimant is a former Police Officer in the Carlsbad Police Department who retired
Mr. Ziska was injured on October 29, 1991 and April 27, 1992. On both dates he was
involved in collisions in his patrol car which resulted in injuries to his neck.
The terms and conditions of the award are set forth in the Decision, Findings and Award
issued by the State of California, Department of Industrial Relations, Division of Workers
FISCAL IMPACT
The total cost of the award is $16,835. There are sufficient funds available in the Worker!
Compensation Self-Insurance Fund to cover the cost of this award.
1. Resolution No. 9 5- ?&
2. Decision, Findings and Award
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RESOLUTION NO. 9 5 - 9 2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING THE EXPENDITURE OF FUNDS
FOR BENEFITS AWARDED FOR THE WORKERS
COMPENSATION CLAIMS OF JAMES ZISKA
WHEREAS, the State of California, Department of Industrial Relations, Divi:
of 'Workers Compensation has awarded Mr. Ziska $16,835; and,
WHEREAS, there are sufficient funds available in the Workers Compensatior
Insurance Fund to pay the award,
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 $16,835 from the Workers Compensation Self.
Insurance Fund is authorized for the award of said benefits.
That the Council accepts the Decision, Findings and Award, attached I
as Exhibit 2.
3.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Cit
Council of the City of Carlsbad on the 1 lth day of AP~ 1995, by the following
vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Ha
NOES: None
ABSENT: None
ATI'EST
ALETHA L. RAU
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STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF WORKER'S COMPENSATION
CASE NO. SDO 189799/18380?
JAMES L. ZISKA,
Injured Worker,
DECISION, FINDINGS AND AWARD
vs.
CITY OF CARLSBAD,
Defendants.
D€CISION
On the issue of need for further medical treatment, Dr. King stated the worker did not ret
specific additional medical care as of the evaluation of 5-1 1-94. The other statements made by tl
as to the possible need of medical care in the future are speculative and a precautionary award m, entered on such opinion.
The permanent disability determination is based upon the rating instruction and rating There is no basis for apportionment.
FINDTNC OF FACT
1. The worker is not presently in need of further medical care.
2. This injury caused permanent disability of the neck of 28%.
3. There is no basis for apportionment of the benefits awarded.
AWARD
AWARD IS MADE in favor of JAMES L. ZISKA against CITY OF CARLSE
payment of permanent disability indemnity of $148.00 weekly for 113.75 weeks beginning the ft
after the last payment of temporary or maintenance indemnity less credit for any advances thereor an attorney fee of $2020.00.
@7 D.M. CLARK WORKERS' COMPENSATION JUDGE
Dated and filed in §an Diego, California.
Service by m 11 on sai ate to all parties listed on the Official Address Record. 9 -22-fa' CQ~"W n*acowM p R~!Q/
MAR 2 :3 199.5 Y'