HomeMy WebLinkAbout2004-10-05; City Council; 17821; Workers Comp claim settlement - Larry Johnson\B # 17,821 TITLE:
IITG. 10/5/04 SETTLEMENT OF WORKERS’ COMPENSATION
IEPT. HR CLAIMS OF LARRY JOHNSON
IECOMMENDED ACTION:
DEPT. HD.W
CITY AT
Approval of Resolution No. 2004-31 7
the payment of $45,000 to Larry Johnson.
accepting the Compromise and Release authorizing
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 3 1 years prior to his industrial
disability retirement in June 2003.
Mr. Johnson sustained two industrial injures to his back during the course of his career with
the City.
Originally, the City Council approved a prior award accepting a Stipulations with Award in
the amount of $25,760, with the need for future medical care. However, that award was
never paid to Mr. Johnson. Mr. Johnson requested instead a Compromise and Release in the
amount of $45,000, which closes his workers’ compensation claim and any future medical
care.
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 $45,000. There are sufficient funds available in the Workers’
Compensation Self-Insurance Fund to cover the cost of this settlement.
EXHIBITS :
1. Resolution No. 2004-31 7
DEPARTMENT CONTACT: Debbie Harvey, (760) 602-2435, dharv@,ci.carlsbad.ca.us -
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RESOLUTION NO. 2004-317
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 LARRY JOHNSON.
WHEREAS, Mr. Tom Bollinger, Defense Counsel for the City of Carlsbad in this
matter, has recommended a settlement of the Workers’ Compensation claims of Larry
Johnson; 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 $45,000 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 October ,2004, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard.
NOES: None
ABSENT: None
4TTEST:
:SEAL,)
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