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HomeMy WebLinkAbout1998-05-05; City Council; 14661; Workers Compensation Claim Martha HawkinsCIT- OF CARLSBAD - AGEN-I BILL 7Lt- -E: SETTLEMENT OF WORKERS’ COMPENSATION CLAIM OF MARTHA I DEPT. RM I HAWKINS ICITY MGR. %-- RECOMMENDED ACTION: Adopt Resolution No. 9 @ 13’ approving the Stipulations with Request for Award which authorizes the payment of $21,729.54 to Martha Hawkins. ITEM EXPLANATION The claimant, a former part time Instructor/Life Guard, complained of pain in her back with no relief over several months. Her personal physician made the diagnosis of a herniated disc. An independent examination determined the injury to be work related due to the additional job duties related to maintaining the swim facility. Ms. Hawkins was declared permanent and stationary on December 26, 1996, with the prophylactic preclusion of no heavy lifting, pushing or pulling and the need for future medical care. The terms and conditions of the proposed settlement are set forth in the Stipulations with Request for Award 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 TRISTAR. FISCAL IMPACT The cost of the settlement is $2 1,729.54, excluding possible future 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. 98-133 Resolution No. L , ,’ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 24 , 25 / 26 27 28 - A RESOLUTION NO. 98-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE WORKERS’ COMPENSATION CLAIM OF MARTHA HAWKINS WHEREAS, Defense Counsel for the City of Carlsbad in this matter, has recommended a settlement of the Workers’ Compensation claim of Martha Hawkins; 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. That the above recitations are true and correct. 2. That the expenditure of $21,729.54 from the Workers’ Compensation Self-Insurance Fund is authorized for the settlement of said claims. 3. That the Council accept the Stipulations with Request for Award on file in the Risk Management office. - h PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City 2 /I Council of the City of Carlsbad on the 5th day of May 3 to wit: 4 5 6 7 8 9 10 11 /I ATTEST: 1998, by the following vote, AYES: Council Members Nygaard, Hall & Finnila NOES: None ABSENT: Lewis & Kulchin fi RAMONA FINNILA, MHyor Pro Tern l4 ALETHA L. RAUTENKlUNZ, City dlerk 15 16 17 18 l9 II 20 21 22 23 24 25 26 27 28