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HomeMy WebLinkAbout2004-07-06; City Council; 17694; Workers Comp settlement - Lawrence MooreSETTLEMENT OF WORKERS’ COMPENSATION \B # 17,694 TITLE: IITG. 7/6/04 CLAIM OF LAWRENCE MOORE (deceased) IEPT. HR ?ECOMMENDED ACTION: Approval of Resolution No. 2004-220 and Release (Dependency Claim) authorizing the payment of $75,000.00 to Linda Carol Moore. accepting the Joint Order approving Compromise DEPT. . CITY A?= CITY WIG- ITEM EXPLANATION: The claimant Linda Carol Moore is the dependent spouse of a former Police Sergeant with the Carlsbad Police Department. Mr. Moore was employed by the City of Carlsbad for a period of 26 years prior to his disability retirement on December 13,2002. In September of 2002, Mr. Moore was diagnosed with a life threatening illness and subsequently passed away on December 17,2002. The terms and conditions of the proposed settlement are set forth in the Joint Order Approving Compromise and Release (on file in the Human Resources Department). The terms and conditions were agreed upon by the attorneys representing the claimant and 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 $75,000.00. There are sufficient funds available in the Workers’ Compensation Self-Insurance Fund to cover the cost of this settlement. EXHIBITS: 1. Resolution No. 2004-220 DEPARTMENT CONTACT: Debbie Harvey, (760) 602-2435, dharv@,ci.carlsbad.ca.us 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 RESOLUTION NO. 2004-220 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 LARRY MOORE. WHEREAS, Mr. Gary Bourassa, Defense Counsel for the City of Carlsbad, Arlene Prater, Counsel on behalf of the City and Applicant’s attorney, Thomas Hampton have recommended a settlement of the Workers’ Compensation claim of Larry Moore; 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 $75,000.00 from the Workers’ Compensation Self- Insurance Fund is authorized for the settlement of said claims. Ill Ill Ill Ill Ill Ill Ill Ill 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 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 6th day of July ,2004, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin , Hall andard NOES: None ABSENT: None ATTEST: h7zvzL L%RlbINE M. WOOD, City Clerk (SEAL)