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HomeMy WebLinkAbout2009-06-02; City Council; 19830; WC Settlement Michael McFaddenCITY OF CARLSBAD - AGENDA BILL AB# 19,830 MTG. 6/2/09 DEPT. HR SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF MICHAEL MCFADDEN DEPT. CITY ATTY CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2009-124 authorizing the settlement claim of Michael McFadden. ITEM EXPLANATION: The claimant is a Fire Captain with the Carlsbad Fire Department. Mr. McFadden developed congestive heart failure in April of 2007 due to working 22+ years in public safety. Subsequently, Mr. McFadden had a heart transplant in November of 2007. The terms and conditions of the proposed settlement are set forth in the Stipulations with Request for 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 $31,042. 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. 2009-124 DEPARTMENT CONTACT: Deborah Jackson, (760) 602-2435, Debbie.Jackson@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED * Daa CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES aaaa 1- 1 RESOLUTION NO. 2009-124 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE 3 EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE 4 WORKERS' COMPENSATION CLAIM IF MICHAEL MCFADDEN 5 WHEREAS, TRISTAR, the City's Third Party Administrator, has recommended a 6 settlement of the workers' compensation claim of Michael McFadden; and 7 WHEREAS, the settlement has been approved by the Workers' Compensation8 Appeals Board on April 23, 2009; and !Q WHEREAS, there are sufficient funds available in the Workers' Compensation 11 Self-Insurance Fund to pay the settlement. 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 13 Carlsbad, California, as follows: 14 1. That the above recitations are true and correct. 15 2. That the expenditure of $31,042 from the Workers' Compensation Self- 16 Insurance Fund is authorized for the settlement of said claim.17 jg 3. That the City Council approves the Stipulations with Request for Award on 19 file in the Human Resources Department. 20 // 21 // 22 // 23 // 24 // 25 // 26 27 " 28 »a 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 2nd day of June, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. LEWIS, Ma#br ATTEST: L/ORRAYNt M. WO [SEAL) \J ,»»IIL""// /City Clerk