HomeMy WebLinkAbout2009-10-20; City Council; 20004; Settlement of workers compensation claim14
CITY OF CARLSBAD - AGENDA BILL
AB# 20.004
MTG. 10/20/09
DEPT. HR
SETTLEMENT OF WORKERS'
COMPENSATION CLAIM OF DAMIAN
GARCIA
DEPT. HEA
CITY ATTY.
CITYMGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2009-261 authorizing the settlement claim of Damian
Garcia.
ITEM EXPLANATION:
The claimant is a Police Officer with the Carlsbad Police Department.
Mr. Garcia sustained an injury to his head and neck while working as a detective.
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 $51,060. There are sufficient funds available in the
Workers' Compensation Self-Insurance Fund to cover the cost of this settlement.
ENVIRONMENTAL IMPACT:
This amendment is statutorily exempt from CEQA pursuant to Public Resources Code Section
21080(b)(1).
EXHIBITS:
1. Resolution No. 2009-261
DEPARTMENT CONTACT: Deborah Jackson, (760) 602-2435,
Debbie.Jackson@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED fl CONTINUED TO DATE SPECIFIC D
DENIED Q CONTINUED TO DATE UNKNOWN D
CONTINUED D RETURNED TO STAFF D
WITHDRAWN D OTHER - SEE MINUTES D
AMENDED D
1 RESOLUTION NO. 2009-261
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE
3 EXPENDITURE OF FUNDS FOR THE SETTLEMENT OF
4 THE WORKERS' COMPENSATION CLAIM OF DAMIAN
GARCIA.
5 —,
6 WHEREAS, TRISTAR, the City's Third Party Administrator, has recommended a
7 settlement of the Workers' Compensation claim of Damian Garcia; and
8 WHEREAS, the settlement has been approved by the Workers' Compensation
9 Appeals Board on September 9, 2009; and
10 WHEREAS, there are sufficient funds available in the Workers' Compensation
11
Self-Insurance Fund to pay the settlement.
12
13
14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
15 Carlsbad, California, as follows:
16 1. That the above recitations are true and correct.
17 2. That the expenditure of $51,060 from the Workers' Compensation Self-
jo
Insurance Fund is authorized for the settlement of said claim.
19
3. That the City Council approves the Stipulations with Request for Award on file
20
in the Human Resources Department.21
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23 "
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 2081 day of October. 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
IS, Mayor
ATTEST:
LORRAINE M.
(SEAL)
D, City Clerk