CA 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 [email protected], 442-200-4718
Judy von Kalinowski, Human Resources Director
[email protected], 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