CA Review JRT
Meeting Date: July 30, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Sarah Reiswig, Risk Manager
[email protected], 442-200-4718
Judy von Kalinowski, Human Resources Director
[email protected], 760-473-4670
Subject: Settlement of Workers’ Compensation Claim of Bryan Hargett Districts: All
Recommended Action
Adopt a resolution authorizing settlement of the workers’ compensation claim of Bryan Hargett.
Executive Summary
Bryan Hargett, retired Police Captain, sustained work-related injuries during the course of his employment. The City Council is being asked to approve a stipulated award that entitles Mr.
Hargett to a permanent disability award of $50,170 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. Hargett 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 further litigation, so staff recommend timely action.
Fiscal Analysis
The cost of this settlement is $50,170. Funding for this settlement was included in the adopted budget for fiscal year 2024-25.
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.
July 30, 2024 Item #1 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
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RESOLUTION NO. 2024-190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING SETTLEMENT OF THE WORKERS'
COMPENSATION CLAIM OF BRYAN HARGETT
WHEREAS, AdminSure Inc., the city's third-party administrator, has recommended a settlement of the Workers' Compensation claim of Bryan Hargett; 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 $50,170 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 30th day of J.!!!y, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor Q:-{1Jo0 vL :fir:S RRY FREISINGER, City Clerk (SEAL)
Exhibit 1
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