CA Review JRT
Meeting Date:
To:
From:
Staff Contact:
Subject:
Districts:
Oct. 8, 2024
Mayor and City Council
Scott Chadwick, City Manager
Sarah Reiswig, Risk Manager
[email protected], 442-200-4718
Judy von Kalinowski, Human Resources Director
[email protected], 760-473-4670
Settlement of Workers’ Compensation Claim of Kevin Lehan All
Recommended Action
Adopt a resolution authorizing settlement of the workers’ compensation claim of Kevin Lehan.
Executive Summary
Kevin Lehan, retired Police Lieutenant, sustained work-related injuries during the course of his employment. The City Council is being asked to approve a stipulated award that entitles Mr.
Lehan to a permanent disability award of $148,842 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. Lehan 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 $148,842. 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.
Oct. 8, 2024 Item #2 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
Oct. 8, 2024 Item #2 Page 2 of 3
RESOLUTION NO. 2024-222
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING SETTLEMENT OF THE WORKERS' COMPENSATION CLAIM OF KEVIN LEHAN
WHEREAS, AdminSure Inc., the city's third-party administrator, has recommended a settlement of the Workers' Compensation claim of Kevin Lehan; 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 $148,842 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 8th day of October, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Exhibit 1
Oct. 8, 2024 Item #2 Page 3 of 3
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