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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) •• -.1tve..• n'... .... ! .. •••••\4?• ;/44/604.