ACTION:
____________________________
Clerk/Secretary
Department: Human Resources Item No: C7
Prepared by:
Analisa Holbrook, Risk & Safety Programs Mgr.
Natalie Jacobs, Human Resources Director Meeting Date: January 28, 2025 Approved by: John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: SETTLEMENT OF THE WORKERS’ COMPENSATION CLAIM OF MARK GRAY RECOMMENDATION: Adopt City Council Resolution No. 2025- , authorizing settlement of the workers’ compensation claim of Mark Gray.
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: On September 26, 2023, adopted City Council Resolution No. 2023-167, granting settlement authority to the City Manager and Risk Manager (Vote 5-0).
STATEMENT ON THE SUBJECT: Settlements exceeding $50,000 require the approval of the City Council in accordance with City Council Resolution No. 2023-167, which is attached as Exhibit 2. Now retired Fire Engineer Mark Gray (Gray) sustained a work-related injury during the course of his employment. Staff recommend that the City Council approve a stipulated award that entitles Gray to a permanent disability award of $60,320.00 and future medical care.
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 Gray and the City, and have been recommended by AdminSure Inc., the City's workers’ compensation third-party 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. Staff recommend timely action.
FISCAL IMPACT: The cost of this settlement is $60,320.00. Sufficient funding is budgeted and available in the Fiscal Year 2024/25 Operating budget.
EXHIBITS:
1.City Council Resolution No. 2025- , authorizing settlement of the workers’ compensation claim of Mark Gray
2.City Council Resolution No. 2023-167
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Approve above recommendation, adopted City Council Resolution No. 2025-14. Vote: 5-0
00107235 2
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AUTHORIZING SETTLEMENT OF THE WORKERS’ COMPENSATION CLAIM OF MARK GRAY IN THE AMOUNT OF $60,320.00 The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. AdminSure Inc., the city’s third-party administrator, has recommended a settlement of the Workers’ Compensation claim of Mark Gray; and B. All parties have agreed to settle this claim before the Workers’ Compensation Appeals Board
2. Action.
A. The expenditure of $60,320.00 is authorized for the settlement of said claim.
B. The City Council approves the Request for Settlement Authority on file in the Human Resources Department.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on January 28, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
JOHN FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED
Walter C. Chung
20250116074746
01/28/2025 C7 2 of 3
EXHIBIT 1
RESOLUTION NO. 2023-167
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, GRANTING SETTLEMENT AUTHORITY TO THE CITY
MANAGER AND RISK MANAGER
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following :
A. Vista Municipal Code section 1.28 .060 authorizes the City Council to delegate settlement authority to the City Manager and Risk Manager, in consultation with the City Attorney .
B. Government Code section 935.4 authorizes the City Council to delegate settlement authority to the City Manager and Risk Manager, in consultation with the City Attorney , in the maximum amount of $50 ,000 .
2. Action.
A. After consultation with the City Attorney , the Risk Manager may settle claims , including , liability and worker 's compensation claims , in an amount not to exceed $25 ,000 .
B. After consultation with the City Attorney , the City Manager may settle claims, including , liability and worker 's compensation claims , in an amount not to exceed $50 ,000 .
C. Settlements of claims in excess of $50 ,000 may only be approved by the City Council.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on September 26 , 2023 , by the following vote :
AYES :
NOES :
ABSTAIN :
APPR OVED
Wa lter C . Ch ung
202309131 44724
0 0111815 1)
A
KATHY VALDEZ , CITY CLERK
By :~l~
Mayor Franklin, Green, Contreras, Melendez, O'Donnell
None
None
01/28/2025 C7 3 of 3
EXHIBIT 2