HomeMy WebLinkAbout2024-04-09; City Council; ; Additional Settlement of the Workers’ Compensation Claim of Daniel SteeleCA Review JRT
Meeting Date: April 9, 2024
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: Additional Settlement of the Workers’ Compensation Claim of Daniel
Steele
Districts: All
Recommended Action
Adopt a resolution approving an additional settlement of the workers’ compensation claim of
Daniel Steele in the amount of $22,330.
Executive Summary
Daniel Steele, a Utility Locator, sustained a work-related injury during the course of his
employment. The claimant had a previous injury involving the same body part, which settled in
2022 via stipulated award with a $42,050 permanent disability award and future medical care
benefits.
Mr. Steele’s attorney filed a new claim reporting that the condition had gotten worse because
of the second injury. This increased Mr. Steele’s permanent disability rating1 from 32% to 43%,
thereby increasing his permanent disability award by $22,330, bringing the total permanent
disability award to $64,380).
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. Steele and the city, and have been recommended by
AdminSure Inc., the city's workers’ compensation third-party administrator, and both parties’
legal counsel.
1 Permanent disability ratings, an assessment of the severity of a permanent impairment, are used in workers'
compensation cases to assess the degree of damage that resulted from a work-related injury.
April 9, 2024 Item #1 Page 1 of 3
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 additional cost of this settlement is $22,330. Funding for this settlement was included in
the adopted budget for fiscal year 2023-24.
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.
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
April 9, 2024 Item #1 Page 2 of 3
RESOLUTION NO. 2024-067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING AN ADDITIONAL SETTLEMENT OF THE
WORKERS' COMPENSATION CLAIM OF DANIEL STEELE
WHEREAS, Daniel Steele sustained a work-related injury and received a Permanent Disability
Award in 2022 in the amount of $42,050 along with future medical care benefits; and
WHEREAS, Daniel Steele's permanent disability rating was increased after filing a new claim for
the same body part; and
WHEREAS, AdminSure Inc., the city's third-party administrator, has recommended an additional
settlement of the workers' compensation claim of Daniel Steele in the amount of $22,330 (bringing the
total permanent disability award to $64,380); 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 $22,330 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 9th day of April, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor 011lr SHERRY FREISINGER, City Clerk
(SEAL)
Exhibit 1
April 9, 2024 Item #1 Page 3 of 3