HomeMy WebLinkAbout1996-05-21; City Council; 13662; SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF BARBARA GORISHEKi.3 w g E a
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C@Y OF CARLSBAD - AGqY A BILL
AB # )?, (4 6 2, TITLE: DEPT.li?CD. 2 MTG. 5121196
DEPT. RM
RECOMMENDED ACTION:
Approval of Resolution No. approving the Stipulations with Request for Award which
authorizes the payment of $7,437.00, at the rate of $148 per week, to Barbara Gorishek as
settlement of her workers' compensation claim.
CITY ATTY&
GONSHEK CITY MGR~
SETTLEMENT. OF WORKERS'
COMPENSATION CLAlM OF BARBARA
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ITEM EXPLANATION
This matter arose on January 23, 1996 when the claimant, a volunteer at the Senior Center,
suffered a work related injury when she tripped over a phone cord. She sustained a massive
rotator cuff tear of the right shoulder. She had surgery on January 8, 1996, to correct the
problem.
The claimant's condition has stabilized and she is now permanent and stationary. She has a
permanent disability of no work above shoulder level with her major extremity and the
possible need for future medical care.
Her medical reports were submitted to the State Division of Workers' Compensation, Office
of Benefit Determination, for evaluation.
The permanent disability rating which they provided, as well as the need for possible future
medical treatment, has been incorporated into the settlement agreement which has been
submitted for consideration.
The claimant and HCM Claim Management Corp., the City's Third Party Administrator, have
agreed on the terms and conditions contained in that agreement.
It is Staffs recommendation that the Stipulations with Request for Award be approved.
FISCAL IMPACT
The cost of the settlement is $7,437.00, excluding possible fbture 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.
EXHIBITS
1. ResolutionNo. "i(;-j83
2. Stipulations with Request for Award on file in Risk Management
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RESOLUTION NO. 9 6 - 18 3
A RESOLUTION OF THECITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING THE EXPENDITURE OF FUNDS
FOR SETTLEMENT OF THE WORKERS’
COMPENSATION CLAIM OF BARBARA
GORISHEK
WHEREAS, HCM Claim Management Corp., the Third Party Administrator for the
City of Carlsbad, has recommended a settlement in the Workers’ Compensation case of
Barbara Gorishek; and
WHEREAS, there are sufficient funds available in the Workers’ Compensation Self-
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 $7,437.00 fiom the Workers’ Compensation Self-
Insurance Fund is authorized for the settlement of said case.
That the Council accepts the Stipulations with Request for Award on file in
Risk Management.
3.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City
1996, by the following vote, Council of the City of Carlsbad on the 2 1 st day of MAY
to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
ATTEST:
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