HomeMy WebLinkAbout2022-03-08; City Council; ; Settlement of Workers' Compensation Claim of Michael Van Bibber for $16,240CITY 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 Michael Van Bibber for
$16,240
District: All
Recommended Action
Adopt a resolution approving an additional settlement of the workers' compensation claim of
Michael Van Bibber for $16,240 for permanent disability.
Executive Summary / Discussion
Michael Van Bibber, a retired Fire Engineer, sustained a work-related injury in May 2014. The
claim was originally settled in 2016 through a stipulated award with a $97,222 permanent
disability award and coverage of future medical care benefits. The applicant recently filed a
petition to add a new and/or further exacerbated condition to the claim. This addition
increased Mr. Van Bibber's permanent disability rating from 58% to 65%, thereby increasing the
permanent disability award by $16,240 (bringing the total permanent disability award to
$113,462).
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. Van Bibber 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.
March 8, 2022 Item #2 Page 1 of 3
Fiscal Analysis
The additional cost of the settlement is $16,240. Funding for this settlement is 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.
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 #2 Page 2 of 3
Exhibit 1
RESOLUTION NO. 2022-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING ADDITIONAL SETTLEMENT OF THE WORKERS' COMPENSATION CLAIM
OF MICHAEL VAN BIBBER
WHEREAS, Michael Van Bibber sustained a work-related injury and received a permanent
disability award in 2016 in the amount of $97,222 along with future medical care benefits; and
WHEREAS, Michael Van Bibber's permanent disability rating was increased after filing a petition
for new and further disability; and
WHEREAS, AdminSure Inc., the city's third-party administrator, has recommended an additional
settlement of the workers' compensation claim of Michael Van Bibber in the amount of $16,240; and
WHEREAS, all parties have agreed to settle this 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 $16,240 from the Workers' Compensation Self-Insurance Fund
is authorized for the settlement of the claim of Michael Van Bibber for new and further
disability.
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 gth day of March, 2022, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Acosta, Norby
NAYS: None
ABSENT: None
00 II I I I I III /
CAOI
MATT HALL, Mayor
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
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