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HomeMy WebLinkAbout2022-05-10; City Council; ; Settlement of Workers' Compensation Claim of Kevin Nolan for $62,350CA 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 Kevin Nolan for $62,350 All Recommended Action Adopt a resolution approving settlement of the workers’ compensation claim of Kevin Nolan for $62,350 for permanent disability. Executive Summary/Discussion Kevin Nolan, Parks and Recreation Tree Trimmer II, sustained a work-related injury during the course of his employment. This stipulated award entitles Kevin Nolan to a permanent disability award of $62,350 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 Kevin Nolan 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 $62,350. 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 215 weeks, until the award is paid in full. May 10, 2022 Item #3 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 #3 Page 2 of 3 RESOLUTION NO. 2022-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING SETTLEMENT OF THE WORKERS' COMPENSATION CLAIM OF KEVIN NOLAN Exhibit 1 WHEREAS, AdminSure Inc., the city's third-party administrator, has recommended a settlement of the Workers' Compensation claim of Kevin Nolan; 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 $62,350 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 HALL, Mayor ~ -,r✓ FAVIOLA MEDINA, City Clerk Services Manager (SEAL)