HomeMy WebLinkAbout2022-03-08; City Council; ; Settlement of Workers' Compensation Claim of Donald Seale for $99,542CITY COUNCIL
Staff Report
CA Review CKM
Meeting Date: March 8, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Sarah Reiswig, Management Analyst
sarah.reiswig@carlsbadca.gov, 442-339-2435
Judy von Kalinowski, Human Resources Director
judy.vonkalinowski@carlsbadca.gov, 442-339-2438
Subject: Settlement of Workers' Compensation Claim of Donald Seale for $99,542
District: All
Recommended Action
Adopt a resolution approving settlement of the workers' compensation claim of Donald Seale
for $99,542 for permanent disability.
Executive Summary/Discussion
Donald Seale, a retired Police Officer, sustained a work-related injury during the course of his
employment. This stipulated award entitles Mr. Seale to a permanent disability award of
$99,542 and future medical care.
Settlements exceeding $50,000 require the approval of the City Council in accordance with City
Council Resolution 2015-086.
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 Mr. Seale and the city, and have been recommended by
AdminSure Inc., the city's workers' compensation third party administrator.
This permanent disability payment is required under California Labor Code Section 4650, and
"bad faith actions" or failure to comply with the Workers' Compensation Appeals Board Rules
of Practice and Procedure may result in penalties and litigation, so timely action is
recommended.
Fiscal Analysis
The cost of this settlement is $99,542. Funding for this settlement was included in the adopted
budget for fiscal year 2021-22.
Next Steps
With the City Council's approval, staff will file the appropriate documentation with the
Workers' Compensation Appeals Board for its review. Once the board approves the settlement,
AdminSure will administer the payments.
March 8, 2022 Item #1 Page 1 of 3
Environmental Evaluation
This action does not require environmental review because it 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 or a reasonably foreseeable indirect physical change in the environment.
Public Notification
This item was noticed in keeping with the state's Ralph M. Brown Act and available for public
viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. City Council resolution
March 8, 2022 Item #1 Page 2 of 3
Exhibit 1
RESOLUTION NO. 2022-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING SETTLEMENT OF THE WORKERS' COMPENSATION CLAIM OF DONALD
SEALE
WHEREAS, AcirninSure Inc., the city's third-party administrator, has recommended a settlement
of the workers' compensation claim of Donald Seale; and
WHEREAS, all parties have agreed to settle the claim 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 $99,542 from the Workers' Compensation Self-Insurance Fund
is authorized for the settlement of the workers' compensation claim of Donald Seale.
3.That the City Council approves the request for settlement authority on file in the Human
Resources Department.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 8th day of March, 2022, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Acosta, Norby
NAYS: None
ABSENT: None
,
MATT HALL, Mayor
VFAVIOLA MEDINA, City Clerk Services Manager
(SEAL)