HomeMy WebLinkAbout2009-01-27; City Council; 19697; Settlement of Workers Compensation Claim1
CITY OF CARLSBAD - AGENDA BILL
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MTG.
DEPT.
19,697
01/27/09
HR
SETTLEMENT OF WORKERS'
COMPENSATION CLAIM OF TOM DANA
DEPT. HEAD ^U^
CITY ATTY. rf&
CITYMGR. j^_
RECOMMENDED ACTION:
Adopt Resolution No. 2009-014 authorizing the settlement claim of Tom Dana.
ITEM EXPLANATION:
The claimant was a Battalion Chief with the Carlsbad Fire Department for twenty-seven (27)
years.
Mr. Dana sustained a psychiatric injury/illness while performing his usual and customary
duties with the Fire Department. Mr. Dana retired from the City in December of 2003.
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 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 $50,000.00. 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. 2009-014
DEPARTMENT CONTACT: Deborah Jackson, (760) 602-2435, diack@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED & CONTINUED TO DATE SPECIFIC D
DENIED Q CONTINUED TO DATE UNKNOWN D
CONTINUED a RETURNED TO STAFF D
WITHDRAWN D OTHER - SEE MINUTES D
AMENDED D
1 RESOLUTION NO. 2009-014
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
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CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR
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SETTLEMENT OF THE WORKERS' COMPENSATION CLAIM OF TOM DANA
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8 WHEREAS, TRISTAR, the City's Third Party Administrator, has recommended a
9 settlement of the Workers' Compensation claim of Tom Dana; and
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WHEREAS, the settlement has been approved by the Workers' Compensation Appeals
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Board on December 16, 2008; and
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WHEREAS, there are sufficient funds available in the Workers' Compensation Self-13
Insurance Fund to pay the settlement.
15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
16 California, as follows:
17 . 1. That the above recitations are true and correct.
18 2. That the expenditure of $50,000.00 from the Workers' Compensation Self-Insurance
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Fund is authorized for the settlement of said claim.
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3. That the City Council approves the Compromise and Release on file in the Human
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Resources Department.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 27th day of January, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
CLAUDE A LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City ClerK
(SEAL)