HomeMy WebLinkAboutRPT 2 WORKERS COMP 02-04-80DATE:
January 29, 1980
REPORT
NO. 2, 2-4-8~
Inter-Corn
?0: Dan Blankenship, City Administrator
FROH: Personnel
SUBJECT: Settlement Authority for Workers Compensation - E. Vales
Per resolution 79-83 Section 4, Personnel requests the City Council review
the case of Edward Vales, Police Officer and authorize settlement.
Mr. Vales was retired from service by Council action on August 20, 1979 on
a disability retirement, hypertension and psychiatric. Now the applicant
,is seeking the rating and settlement from the Workers Compensation Appeals
Board.
The recommended action from the Assigned Medical Examiner's report (AME)
is to stipulate to $9,397.50 (32¼% disability) or compromise and release
(C&R)'for approximately $12,000. The stipulation is based on the AME's
report plus 5% for the hypertension. Although the restrictions for the
psychiatric and internal are the same (work restrictions) it is doubtful
they would be combined or overlapped if the case was tried. More than
likely they would use the multiple disability table which would result
in a rating of 57% to 60% ($20,300 to $21,770). In essence, the Workers
Compensation Board would more than likely find that the hypertension and
psychiatric as two separate injuries. I would highly recommend the C&R
which gives the applicant an additional $3,500 for future medical and
all other, issues, however. Vales and his attorney do not seem receptive
to this at this time. It should be remembered that if a C&R is accepted
the City is relieved from all future cost related to these injuries.
Recommendation: That the City Council authorize settlement authority for
the two amounts as stated.
Personnel Director