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HomeMy WebLinkAbout1995-06-06; City Council; 13163; SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF GILBERT BEASONb * .. z 0 6 a g 2 3 0 0 ,I GI& UP GARLSBAD - AGENM BILL - - AS#- TITLE. DEPl MTG. 6/6/95 COMPENSATION CLAIM OF GILBERT CITY ' SETnEMENT OF WORKERS DEPT. RM BEASON CITY RECOMMENDED ACTION: Approval of Resolution No. 9 5-/i10 approving the Stipulations with Request for Award which authorizes the payment of $6,195, at the rate of $140 per week, to Gilbert Beason as settlement of his workers compensation claim. ITEM EXPLANATION This matter arose on June 8, 1993 when the claimant, a police officer, suffered a work relatl injury when he lost control of his motorcycle while driving on loose gravel. He sustained an injury to his right shoulder. The claimant's condition has stabilized and he is now permanent and stationary. He is continuing to work in his usual and customary occupation as a police officer. However, he has permanent disabilities which preclude him from overhead work with the right arm and repetitive overhead lifting or carrying or very heavy lifting or carrying. The terms and conditions of the proposed settlement are set forth in the Stipulations with Request for Award. The terms and conditions were agreed upon by the attorney representing the claimant and the attorney representing the City, and have been approved 1 HCM, the City's third party administrator. FISCAL IMPACT The cost of the settlement is $6,195, excluding possible future medical treatment. If such treatment is required, the City will be obligated to pay those expenses. There is no methoc for predicting what those costs may be. There are sufficient funds available in the Workers Compensation Self-Insurance Fund to cover the cost of tlhis settlement. EXHIBITS 1. Resolution No. '?5-/Lfo 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 2o 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 95 - 14 0 A RESOLUTION OF THE CITY (COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR SE'ITLEMENT OF THE WORKERS COMPENSATION CLAIM OF GILBERT BEASON WHEREAS, Mr. Gary Bourassa, Defense Counsel for the City of Carlsbad in thi matter, has recommended a settlement of the Workers Compensation claims of Gilbert Beason; and WHEREAS, there are sufficient funds available in the Workers Compensation Sc 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 $6,195.00 from the Workers Compensation Self- Insurance Fund is authorized for the settlement of said claims. That the Council accept the Compromise and Release, attached hereto a Exhibit 2. 3. I I1 I I I I I I I I 1 2 3 4 5 6 7 a 9 10 11 12 0 0 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Ci Council of the City of Carlsbad on the 6th day of - JUNE 1995, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hi NOES: None ABSENT: None ATYUT: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 stant City Clerk ! tXHlE 0 0 1 WORKERS' COMPENSATION APPEALS BC STATE OF CALIFORNIA GILBERT BEASON, CaseNo. SDO 0195467 Stipulations with Request vs. for Award CITY OF CARLSBAD The parties hereto stipulate to the issuance of an Award and/or Order, based upon the folio\ waive the requirements of Labor Code Sectlon 5313 1 GILBERT BEASON, ,born 1/ 15/62 (Emoloyee) employed within the State of California as POLICE OFFICER on6/8/93 (Occupatton) (Date or PEmf2mTY by CITY OF CARLSBAD (Employer) HERTZ CLAIMS sustained injury arising out of and in the course of employment RIGHT SH MGMT. (Pans of 2 The injury caused temporary disability for the period NO COMPENSABLE TIME LOST through week, less credit for such payments preViOUSly made for which indemnity is payable at $ 3 The injury caused permanent dis?bility of 13-w 2 X, for which indemnity is payable at $ 14 I per week beginning 6/9/93 , in the sum of$ 6, 195.00 , les payments previously made. An informal rating W has not been previously Issued (Select one) 4 rliere KX iXmD( may be need for medical treatment to cure or relieve from the effect (Select one) DEPARTMENT OF IN OlVlSlON OF IN1 OWC WCAB FORM 3 (REV 9-90] (Page 1) t. WORK& COMPENSATIOAPPEALS BOI STATE OF CALIFORNIA 5 Medical-legal expenses are payable by defendant as follows NONE. 6 Applicant's attorney request a fee of $ 743 -00 7 Liens against compensation are payable as follows NONE. 8 Otherstipulations 1. PERMANENT DISABILITY IS BASED UPON THE RE SET FORTH BY DR. LAY IN HIS REPORT DATED 6/8/94 AND DR. BRI REPORT DATED 2/13/95. 2. SETTLEMENT INCLUDES ANY CLAIM FOR INTEREST FOR FIRST 2 SERVICE OF THE AWARD. MAY 4, 1995 Dated Applicant && GILBERT BEASON, 1200 CARLSBAD VILLAGE DE Social Security Number of Applicant - SAN DIEGO, CA 92171 Address Of Applicant CARLSBAD, CA 92008 Address of Employer P.O. BOX 710400 Address of Insurance Company - Attorney or Authorized Representative for VICTOR BALAKER, ESQ. GRAVES, ROBERSON & BOUR 2626 MADISON ST. 17821 E. 17TH ST., STE. Address of Attorney or Authorized Represc TUSTIN, CA 92680 Address of Attorne for A plicant CARLSBAD, ZA 93008 owc WCAB FORM 3 (REV 9 901 DEPARTMENT OF I DIVISION OF If (Page 2)