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HomeMy WebLinkAbout1997-01-21; City Council; 14012; SETTLEMENT OF WORKERS' COMPENSATION CLAIMS OF CHRIS KOWALSKI- SETTLEMENT OF WORKERS' ION CLAIMS OF CHRIS RECOMMENDED ACTION: Adopt Resolution No. (7 7-3 0 approving the Compromise and Release which authorizes the payment of $12,000 to Chris Kowalski. ITEM EXPLANATION The claimant, a former Police Officer in the Carlsbad Police Department, obtained legal representation for a medical only back injury of January 28, 1991. Dr. Carl Maguire was selected as an agreed medical examiner. Dr. Maguire's report results in a permanent disability rating of 18.2%, or $8,995.00. The attorneys representing the City and claimant agreed to settle this case, including injuries to claimant's jaw and right knee on January 27, 1993, for $12,000.00 The terms and conditions of the proposed settlement are set forth in the Compromise and Release on file in the Risk Management Office. The terms and conditions were agreed upon by the attorney representing the claimant and the attorney representing the City, and have been approved by HCM Claim Management, the City's Third Party Administrator. FISCAL IMPACT The total cost of the settlement is $12,000. There are sufficient fkds available in the Workers' Compensation Self-Insurance Fund to cover the cost of this settlement. > 1. Resolution No. 7 3 -3 0 4 z sz a d 0 z 3 0 0 + 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 RESOLUTIONNO. 97-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE WORKERS COMPENSATION CLAIMS OF CHRIS KOWALSKI WHEREAS, Mr. Gary Bourassa, Defense Counsel for the City of Carlsbad in this matter, has recommended a settlement of the Workers Compensation claims of Chris Kowalski; and WHEREAS, there are sufficient fimds 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 $12,000 tiom the Workers Compensation Self- Insurance Fund is authorized for the settlement of said claims. That the Council accept the Compromise and Release on file in the Risk Management Office. 3. I I I I ’ I I a -1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II e e PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 28th day of January 1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None ATTEST : ALETHA L. RAUTE"2, City Clerk 3