HomeMy WebLinkAbout2014-03-25; City Council; 21541; Settlement Workers' Compensation Nicholas LutesCITY OF CARLSBAD - AGENDA BILL
AB# 21,541
MTG.
DEPT. HR
3/25/14
SETTLEMENT OF
WORKERS' COMPENSATION CLAIM OF
NICHOLAS LUTES
DEPT.DIRECTOR
CITY ATTY. .^-r^^^ ,
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2014-051 authorizing the settlement claim of Nicholas Lutes.
ITEM EXPLANATION;
The claimant is a Paramedic Firefighter with the Fire Department.
Mr. Lutes sustained injuries to his right shoulder, right wrist, and neck when he slipped and used his right
arm to keep from falling off a roof while fighting a fire.
The terms and conditions ofthe 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 recommended by Keenan& Associates, the City's Third Party
Administrator.
FISCAL IMPACT:
The cost ofthe settlement is $57,500. There are sufficient funds available in the Workers' Compensation
Self-Insurance Fund to cover the cost of this settlement.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonable foreseeable indirect physical change in the environment; and therefore, does not require
environmental review.
EXHIBITS:
1. Resolution No. 2014-051
DEPARTMENT CONTACT: Donna Hernandez 760-602-7533 Donna.Hernandez(5)carlsbadca.gov
FOR CLERK USE
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
1 RESOLUTION NO. 2014-051
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^ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
4 CALIFORNIA, AUTHORIZATION OF THE SETTLEMENT OF WORKERS'
COMPENSATION CLAIM OF NICHOLAS LUTES
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^ WHEREAS, Keenan & Associates, the City's Third Party Administrator, has recommended
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a settlement ofthe Workers' Compensation claim of Nicholas Lutes; and
WHEREAS, all parties have agreed to settle this claim before the Workers' Compensation
Appeals Board.
11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
12 California, as follows:
1. That the above recitations are true and correct.
2. That the expenditure of $57,500 from the Workers' Compensation self-insurance
fund is authorized forthe settlement of said claim.
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17 3. That the City Council approves the Stipulations with Request for Award on file in the
Human Resources Department 18
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 25th day of March 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Schumacher, Blackburn.
None.
ABSENT: None.
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MATT HALLS Mayor
ATTEST:
BAR^/j.|^A ENGLESON, City Clerk