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HomeMy WebLinkAbout2006-07-11; City Council; 18641; Settlement of Workers' Compensation ClaimCITY OF CARLSBAD - AGENDA BILL 13 AB# 18,841 MTG. 7/11/06 DEPT. HR SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF DAVID MITCHLEY DEPT. HEADfc^l^C CITY ATTY. <^5> CITY MGR-^~25\ RECOMMENDED ACTION: To consider adopting Resolution No. 2006-197 authorizing the settlement claim of D. Mitchley.The claimant was a Fire Captain with the Carlsbad Fire Department. He was employed by the City of Carlsbad for approximately thirty years prior to sustaining various injuries in 2005. ITEM EXPLANATION: Mr. Mitchley sustained industrial injuries to his neck, hypertension, skin, and heart, while performing his usual and customary duties with the Fire Department. Mr. Mitchley received an industrial disability retirement in July of 2005. The terms and conditions of the proposed settlement are set forth in the Stipulations with Award (on file in the Human Resources Department). The terms and conditions were agreed upon by 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 $73,755.00. There are sufficient funds available in the Workers' Compensation Self-Insurance Fund to cover the cost of this settlement. ENVIRONMENTAL IMPACT: EXHIBITS: 1. Resolution No. 2006-197 DEPARTMENT CONTACT: Deborah Harvey, (760) 602-2435, dharv@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED Or CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAf;F D OTHER - SEE MINUTESa ' ' "•' ' "• •' 1 ' - , ' f-£'V D ' - i:' ifaa •a • • , RESOLUTION NO. 2006-197 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 2 CARLSBAD, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF 3 FUNDS FOR SETTLEMENT OF THE WORKERS' COMPENSATION CLAIM OF DAVID MTTCHLEY. 4 5 WHEREAS, TRISTAR, the City's Third Party Administrator, has recommended a c settlement of the Workers' Compensation claim of David Mitchley; and 7 WHEREAS, the settlement has been approved by the Workers' Compensation 8 Appeals Board; and I g WHEREAS, there are sufficient funds available in the Workers' Compensation I1 Self-Insurance Fund to pay the settlement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 13 12 California, as follows: 14 1. That the above recitations are true and correct. 15 2. That the expenditure of $73,755.00 from the Workers' Compensation Self- •) 7 Insurance Fund is authorized for the settlement of said claim. 18 3. That the City Council accepts the Stipulations with Award on file in the 19 Human Resources Department. 20 " 21 22 23 " 24 // 25 // 26 27 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11 th day of July, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: