HomeMy WebLinkAbout2015-03-10; City Council; 21876; Settlement Workers' Compensation Gerald GutgesellCITY OF CARLSBAD - AGENDA BILL
AB# 21,876 AUTHORIZE SETTLEMENT OF
WORKERS' COMPENSATION CLAIM OF
GERALD GUTGESELL FOR $45,000
DEPT. HEAD
MTG. 3/10/15
AUTHORIZE SETTLEMENT OF
WORKERS' COMPENSATION CLAIM OF
GERALD GUTGESELL FOR $45,000
CITY ATTY. ^^^^^
DEPT. ASD-HR
AUTHORIZE SETTLEMENT OF
WORKERS' COMPENSATION CLAIM OF
GERALD GUTGESELL FOR $45,000 CITY MGR. ^C2^ ^tS
RECOMMENDED ACTION:
Adopt Resolution No. 2015-051 authorizing settlement of Workers' Compensation claim of
Gerald Gutgesell for $45,000.
ITEM EXPLANATION:
The claimant is a retired Paramedic Firefighter. Mr. Gutgesell sustained two work related injuries,
one on September 13, 2000, and a second one on September 29, 2010, resulting in permanent
disabilities.
The terms and conditions ofthe 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 recommended by Keenan & Associates, the
city's third party administrator.
FISCAL IMPACT:
The cost ofthe settlement is $45,000. 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.
of Gerald Gutgesell for $45,000.
2015-051 authorizing settlement of Workers' Compensation claim
DEPARTMENT CONTACT: Donna Hernandez 760-602-7533 donna.hernandezlgcarlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
1 RESOLUTION NO.2015-051
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3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING SETTLEMENT OF WORKERS'
4 COMPENSATION CLAIM OF GERALD GUTGESELL FOR $45,000.
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WHEREAS, Keenan & Associates, the city's third party administrator, has recommended
a settlement ofthe Workers' Compensation claim of Gerald Gutgesell; and
WHEREAS, all parties have agreed to settle this claim before the Workers' Compensation
Appeals Board.
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10 NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Carlsbad, California,
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3. That the City Council approves the Compromise and Release on file in the Human
17 Resources Department.
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1. That the above recitations are true and correct.
2. That the expenditure of $45,000 from the Workers' Compensation Self-Insurance
Fund is authorized for the settlement of said claim.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe Cify Council ofthe City
of Carlsbad on the day of 2015, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
None.
ABSENT: None.
ATTEST:
SHELLEY COLLINS, CMC, Assistant City Clerk
(SEAL)