HomeMy WebLinkAbout2021-01-19; City Council; ; Additional Settlement of the Workers’ Compensation Claim of Derek Harvey for $36,902.50Meeting Date: Jan. 19, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Sarah Reiswig, Senior Human Resources Technician
sarah.reiswig@carlsbadca.gov, 760-500-9335
Judy von Kalinowski, Human Resources Director
judy.vonkalinowski@carlsbadca.gov, 760-473-4670
Subject: Additional Settlement of the Workers’ Compensation Claim of Derek
Harvey for $36,902.50
District: Citywide
Recommended Action
Adopt a resolution approving an additional settlement of the workers’ compensation claim of
Derek Harvey for $36,902.50 for permanent disability.
Executive Summary / Discussion
Derek Harvey, a City of Carlsbad Police Department corporal, sustained a work-related injury in
the course of his employment.
His claim was originally settled in 2019 with a $60,320 permanent disability award and future
medical care benefits. In February 2020, Derek Harvey received a bilateral knee replacement
under the future medical care benefits, which increased his whole person impairment rating, as
determined by a medical specialist. The increased rating resulted in an increase to Harvey’s
permanent disability rating, which increased his permanent disability award by $36,902.50.
Harvey filed a petition for “new and further disability” with the State of California Workers’
Compensation Appeals Board to reopen his claim and revise his settlement.
Revised permanent disability payment is required under Labor Code 4650, which notes that
“bad faith actions” or failure to comply with Workers’ Compensation Appeals Board rules of
practice and procedure may result in penalties and litigation. Timely action is, therefore,
recommended.
This settlement is being brought before the City Council because, under City Council Resolution
2015-086, settlements exceeding $50,000 require the council’s approval.
The terms and conditions of the proposed settlement are set forth in the request for settlement
authority document, which is 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
AdminSure Inc., the city's workers’ compensation administrator.
Jan. 19, 2021 Item #2 Page 1 of 4
Fiscal Analysis
The cost of the additional settlement is $36,902.50. Funding for this is included in the adopted
fiscal year 2020-21 budget.
Next Steps
The settlement will be reviewed by the Workers’ Compensation Appeals Board. Once the
board approves the settlement, benefit payments will be issued by AdminSure Inc.
Environmental Evaluation (CEQA)
This action does not constitute a “project” within the meaning of the California Environmental
Quality Act under California Public Resources Code Section 21065 in that it has no potential to
cause either a direct physical change in the environment or a reasonably foreseeable indirect
physical change in the environment and therefore does not require environmental review.
Public Notification and Outreach
Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. City Council Resolution
Jan. 19, 2021 Item #2 Page 2 of 4
RESOLUTION NO. 2021-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING ADDITIONAL SETTLEMENT OF THE WORKERS' COMPENSATION
CLAIM OF DEREK HARVEY
WHEREAS, Derek Harvey sustained a work-related injury and received a Permanent Disability
Award in 2019 in the amount of $60,320 along with future medical care benefits; and
WHEREAS, Derek Harvey's Permanent Disability rating was increased following surgery in 2020;
and
WHEREAS, AdminSure Inc., the city's third-party administrator, has recommended an additional
settlement of the Workers' Compensation claim of Derek Harvey in the amount of $36,902.50; and
WHEREAS, all parties have agreed to settle these claims before the Workers' Compensation
Appeals Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the expenditure of $36,902.50 from the Workers' Compensation Self-Insurance
Fund is authorized for the settlement of said claims.
3.That the City Council approves the Request for Settlement Authority on file in the
Human Resources Department.
Jan. 19, 2021 Item #2 Page 3 of 4
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 19th day of January, 2021, by the following vote, to wit:
AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
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BARBARA ENGLESON, City Clerk
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Jan. 19, 2021 Item #2 Page 4 of 4