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HomeMy WebLinkAbout2023-06-13; City Council; ; Settlement of the Workers’ Compensation Claim of Donald SealeCA Review _JRT_ Meeting Date: June 13, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Sarah Reiswig, Senior Human Resources Officer sarah.reiswig@carlsbadca.gov, 442-200-4718 Judy von Kalinowski, Human Resources Director judy.vonkalinowski@carlsbadca.gov, 760-473-4670 Subject: Settlement of the Workers’ Compensation Claim of Donald Seale District: All Recommended Action Adopt a resolution approving settlement of the workers’ compensation claim of Donald Seale in the amount of $120,422. Executive Summary Donald Seale, a retired Police Officer, sustained a work-related injury during the course of his employment. The City Council is being asked to approve a stipulated award that entitles Mr. Seale to a permanent disability award of $120,422 and future medical care. Settlements exceeding $50,000 require the approval of the City Council in accordance with City Council Resolution 2015-086. Explanation & Analysis 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 further litigation, so staff recommend timely action. Fiscal Analysis The cost of this settlement is $120,422. Funding for this settlement was included in the adopted budget for fiscal year 2022-23. Next Steps With the City Council’s approval, staff will file the appropriate documentation with the Workers’ Compensation Appeals Board for its review and approval. June 13, 2023 Item #2 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. Exhibits 1. City Council resolution June 13, 2023 Item #2 Page 2 of 3 RESOLUTION NO. 2023-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING SETTLEMENT OF THE WORKERS' COMPENSATION CLAIM OF DONALD SEALE WHEREAS, AdminSure Inc., the city's workers' compensation third-party administrator, has recommended a settlement of the workers' compensation claim of Donald Seale; 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 $120,422 from the Workers' Compensation Self-Insurance Fund is authorized for the settlement of said claim. 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 13th day of June, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLACKBURN, Mayor l. SHERRY FREISINGER, City Clerk J . ._ {SEAL) Exhibit 1 June 13, 2023 Item #2 Page 3 of 3 ~