HomeMy WebLinkAbout2022-05-10; City Council; ; Settlement of Workers' Compensation Claim of Michael Calderwood for $56,260CA Approval CKM
Meeting Date:
To:
From:
Staff Contact:
Subject:
District:
May 10, 2022
Mayor and City Council
Scott Chadwick, City Manager
Sarah Reiswig, Management Analyst
sarah.reiswig@carlsbadca.gov, 442-200-4718
Judy von Kalinowski, Human Resources Director
judy.vonkalinowski@carlsbadca.gov, 760-473-4670
Settlement of Workers’ Compensation Claim of Michael Calderwood for
$56,260
All
Recommended Action
Adopt a resolution approving settlement of the workers’ compensation claim of Michael
Calderwood for $56,260 for permanent disability.
Executive Summary/Discussion
Michael Calderwood, Fire Chief, sustained a work-related injury during the course of his
employment. This stipulated award entitles Chief Calderwood to a permanent disability award
of $56,260 and future medical care.
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 Chief Calderwood 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.
Settlements exceeding $50,000 require the approval of the City Council in accordance with City
Council Resolution 2015-086.
Fiscal Analysis
The cost of this settlement is $56,260. Funding for this settlement was included in the adopted
budget for fiscal year 2021-22. Permanent disability payments will be issued at the maximum
weekly rate of $290 over approximately 194 weeks, until the award is paid in full.
May 10, 2022 Item #2 Page 1 of 3
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
May 10, 2022 Item #2 Page 2 of 3
Exhibit 1
RESOLUTION NO. 2022-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING SETTLEMENT OF THE WORKERS' COMPENSATION CLAIM OF MICHAEL
CALDERWOOD
WHEREAS, AdminSure Inc., the city's third-party administrator, has recommended a settlement
of the Workers' Compensation claim of Michael Calderwood; 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 $56,260 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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 10th day of May, 2022, by the following vote, to wit:
AYES :
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
MATT HAL( Mayor
~ t( FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)