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HomeMy WebLinkAbout2003-06-24; City Council; 17215; Settlement of Workers' Compensation Claims0 w 6 a Q. Q (rc z 0 5 d a z 3 0 u \B # 17,215 TITLE: illTG. 6/24/03 SETTLEMENT OF WORKERS’ COMPENSATION IEPT. HR CLAIMS OF RICHARD CASTANEDA DEPT. HD.%L CITY ATTY CITY MGR. ~ 3ECOMMENDED ACTION: Approval of Resolution No. 2003-166 authorizes the payment of $135,000.00 to Richard Castaneda. accepting the Compromise and Release which ITEM EXPLANATION: The claimant is a former Senior Police Officer with the Carlsbad Police Department. He was employed by the City of Carlsbad for a period of 29 years prior to his retirement in January 2000. Mr. Castaneda sustained several industrial injures to his back, both hips and left shoulder during the course of his career with the City. 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 $135,000.00. There are sufficient funds available in the Workers’ Compensation Self-Insurance Fund to cover the cost of this settlement. EXHIBITS: 1. Resolution No. 2003-166 DEPARTMENT CONTACT: Debbie Harvey, (760) 602-2435, dharv@,ci.carlsbad.ca.us I 1 2 c 4 5 E 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 Resolution No. 2003-166 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 RICHARD CASTANEDA. WHEREAS, Mr. Gary Bourassa, Defense Counsel for the City of Carlsbad in this matter, has recommended a settlement of the Workers’ Compensation claims of Richard Castaneda; 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 $135,000.00 from the Workers’ Compensation Self- Insurance Fund is authorized for the settlement of said claims. Ill Ill Ill Ill Ill Ill IN Ill 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the City Council accept 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 24th day of JUNE ,2003, by the following vote, to wit: AYES: Council Members Lewis, Ku NOES: None ABSENT: Council Member Finnila 4TTEST: SEAL) ?solution No. 2003-166, page 2 of 2