HomeMy WebLinkAbout2000-12-05; City Council; 15977; Settlement Workers Compensation James Messengern
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CITY- OF CARLSBAD - AGENP4 BILL T+
tiB# 15,%!? TITLE:
MTG. 12-5-00 SETTLEMENT OF WORKERS’ COMPENSATION
DEPT. HR CLAIM OF JAMES MESSENGER
RECOMMENDED ACTION:
Approval of Resolution No. $106-3& accepting the Compromise and Release, which
authorizes the payment of $35,000.00 to James Messenger.
ITEM EXPLANATION:
The claimant is a former Senior Police Officer with the City of Carlsbad Police Department.
The City hired Mr. Messenger on January 4, 1988.
Mr. Messenger sustained an industrial injury to his left wrist while making an arrest.
The terms and conditions of the proposed settlement are set forth in the Compromise and
Release (on file in the Human Resources Department). 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, the City’s Third Party Administrator, and the
Workers’ Compensation Appeals Board.
FISCAL IMPACT:
The cost of the settlement is $35,000.00. There are sufficient funds available in the
Workers’ Compensation Self-Insurance Fund to cover the cost of this settlement.
EXHIBITS:
1. Resolution No. &?m -35%
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RESOLUTION NO. 2000-356
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 JAMES MESSENGER
WHEREAS, Mr. Dan Trovillion, Defense Counsel for the City of Carlsbad in this
matter, has recommended a settlement of the Workers’ Compensation claim of James
Messenger; and
WHEREAS, the settlement has been approved by the Workers’ Compensation
Appeals Board; 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 $35,000.00 from the Workers’ Compensation Self-
Insurance Fund is authorized for the settlement of said claims.
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3. That the City Council accepts the Compromise and Release, on file in the Human
Resources Department.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 5th day of December ,2000, by the following vote, to wit:
AYES: Council Members Lewis, Hal
NOES: None
ABSENT: None
ATTEST:
LOW M. WOOD, City Clerk
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