CA Review JRT
Meeting Date: Feb. 11, 2025
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Kierstyn Yaross, Senior Human Resources Officer [email protected], 760-814-4288
Judy von Kalinowski, Human Resources Director
[email protected], 760-473-4670
Subject: Settlement of the Workers’ Compensation Claim of Joseph Cosgrove Districts: All
Recommended Action
Adopt a resolution authorizing settlement of the workers’ compensation claim of Joseph Cosgrove.
Executive Summary
Joseph Cosgrove, former police officer, sustained work-related injuries during the course and scope of his employment. The City Council is being asked to approve a compromise and release settlement that entitles Mr. Cosgrove to a lump sum award of $180,000. This compromise and release settlement permanently resolves and permanently 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. Cosgrove and the city, and have been recommended by AdminSure Inc., the city's workers’ compensation administrator, and both parties’ legal counsel.
Authorizing this compromise and release settlement permanently closes the open claims, and permanently releases the city from future liability of any new or further injury. The settlement provides a lump sum payment for both the permanent disability award and future medical care costs.
Declining to settle through the compromise and release process would require the city to continue paying for medical care as needed and the city would remain liable in case of a new injury or if the injury gets worse, medical and utilization review costs, and treatment complications.
Feb. 11, 2025 Item #3 Page 1 of 3
Fiscal Analysis
The cost of this settlement is $180,000. 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.
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
Feb. 11, 2025 Item #3 Page 2 of 3
RESOLUTION NO. 2025-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING SETTLEMENT OF THE WORKERS' COMPENSATION CLAIM OF JOSEPH
COSGROVE
WHEREAS, AdminSure Inc., the city's third-party administrator, has recommended a settlement of the workers' compensation claim of Joseph Cosgrove; 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 $180,000 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 11th day of February 2025, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT :
Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
None.
None.
None.
KEITH BLACKBURN, Mayor