HomeMy WebLinkAbout1996-09-17; City Council; 13809; SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF JOHN RINCONc
AB#IS,S@C/ TITLE: DEPT. HD.\+
DEPT. RM CITY MGR.%
CITY ATTY w SETTLEMENT OF WORKERS’
COMPENSATION CLAIM OF JOHN RINCON MTG. 9/17/96
RECOMMENDED ACTION:
fX& --3w? Approval of Resolution No. approving the Stipulations with Request for Award which
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authorizes the payment of $9,586.50, at the rate of $154 per week, to John &con as
settlement of his workers’ compensation claim.
ITEM EXE’LANATION
This matter arose on July 10, 1995, when Mr. Rincon, a Park Maintenance Worker 11,
reported that he noticed pain in his left knee. Arthroscopic surgery was performed and he was
declared permanent and stationary on May 23, 1996.
Mi. Rincon is continuing to work in his usual and customary occupation as a Park
Maintenance Worker 11. However, he is permanently precluded from very heavy liiing and
prolonged squatting, bending, kneeling or crawling, and he must wear his knee brace while he
works.
Mis 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.
Mr. Rincon 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 $9,586.50, excluding possible fhxe 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 hnds available in the Workers’
Compensation Self-Insurance Fund to cover the cost of this settlement.
EXHIBITS
I. Resolution NO. 9/0 -So&
2. Stipulations with Request for Award on file in Risk Management
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RESOLUTION NO. 9 6 - 3 0 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FIJNDS
FOR SETTLEMENT OF THE WORKERS’
COMPENSATION CLAIM OF JOHN RINCON
WHEREAS, HCM Claim Management Corp., the Third Party Administrator for the
City of Carlsbad, has recommended a settlement in the Workers’ Compensation case of
John Rincon; and
WHEREAS, there are sufficient hnds 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:
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That the above recitations are true and correct.
That the expenditure of $9,586.50 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.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City
Council of the City of Carlsbad on the 17th day of SEPT 1996, by the following vote,
to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
AL%M(TEgW-h
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