HomeMy WebLinkAbout2024-06-18; City Council; ; Settlement of Workers’ Compensation Claim of Michael BraunCA Review JRT
Meeting Date: June 18, 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: Settlement of Workers’ Compensation Claim of Michael Braun
Districts: All
Recommended Action
Adopt a resolution approving the settlement of the workers’ compensation claim of Michael
Braun for $70,484.
Executive Summary
Michael Braun, a former Fire Academy participant, sustained a work-related injury during the
course of his employment. This compromise and release settlement permanently resolves and
releases the city of liability for his open workers’ compensation claim.
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. Braun and the city, and have been recommended by
AdminSure Inc., the city's workers’ compensation administrator.
Authorizing this compromise and release settlement permanently closes the open claim and
permanently releases the city from future liability for any new or further injury. The settlement
provides a lump sum payment for costs associated with the claim, including future medical
expenses.
Declining to settle through the compromise and release process would require the city to
continue paying for medical care as needed. The city would remain liable in case of a new injury
or if the current injury gets worse, medical and utilization review costs, and treatment
complications.
June 18, 2024 Item #5 Page 1 of 3
Fiscal Analysis
The cost of this settlement is $70,484. 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
June 18, 2024 Item #5 Page 2 of 3
RESOLUTION NO. 2024-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE SETTLEMENT OF THE WORKERS'
COMPENSATION CLAIM OF MICHAEL BRAUN
WHEREAS, AdminSure Inc., the city's third-party administrator, has recommended a settlement
of the workers' compensation claim of Michael Braun; and
WHEREAS, all parties have agreed to settle the 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 $70,484 from the Workers' Compensation Self-Insurance Fund
is authorized for the settlement of this 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 18th day of June, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
SHERR
(SEAL)
, Mayor
Exhibit 1
June 18, 2024 Item #5 Page 3 of 3