CA Review CKM
Meeting Date: Nov. 8, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Sarah Reiswig, Management Analyst
[email protected], 442-200-4718
Judy von Kalinowski, Human Resources Director
[email protected], 442-339-2438
Subject: Settlement of Two Workers’ Compensation Claims for Matthew Lowe District: All
Recommended Action
Adopt a resolution approving settlement of two workers’ compensation claims for Matthew Lowe.
Executive Summary/Discussion
The City Council is being asked to approve settlement of two workers’ compensation claims for a retired police sergeant.
The former sergeant, Matthew Lowe, sustained a work-related injury in 2019. This stipulated award entitles Mr. Lowe to a permanent disability award of $92,582 and future medical care.
Mr. Lowe also sustained a continuous trauma work-related injury that was filed in 2021. The stipulated award for the 2021 claim entitles Mr. Lowe to a permanent disability award of $90,262 and future medical care.
The terms and conditions of the proposed settlements are set forth in the request for settlement authority documents, which are on file in the Human Resources Department. The terms and conditions were agreed upon by Mr. Lowe and the city, and have been recommended by AdminSure Inc., the city's workers’ compensation 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. Therefore, staff recommend timely action.
Settlements exceeding $50,000 require the approval of the City Council in accordance with City Council Resolution No. 2015-086.
Nov. 8, 2022 Item #1 Page 1 of 3
Fiscal Analysis
The cost of the 2019 settlement is $92,582 and the cost of the 2021 settlement is $90,252.
Funding for both settlements are 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. Once the board approves the settlements, AdminSure Inc. 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
Nov. 8, 2022 Item #1 Page 2 of 3
RESOLUTION NO. 2022-253
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING SETTLEMENT OF TWO WORKERS'
COMPENSATION CLAIMS FOR MATTHEW LOWE
WHEREAS, AdminSure Inc., the city's third-party administrator, has recommended settlement of two Workers' Compensation claims for Matthew Lowe; 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 $92,582 from the Workers' Compensation Self-Insurance Fund is authorized for the settlement of the February 25, 2019 claim.
3.That the expenditure of $90,262 from the Workers' Compensation Self-Insurance Fund is authorized for the settlement of the March 18, 2021 claim.
4.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 8th day of November, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
Exhibit 1
Nov. 8, 2022 Item #1 Page 3 of 3
~