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Home My WebLink AboutMICHAEL LAWRENCE MILLS - 2001-02-05(3) • February5, 2001 Concil/A e#Agenda - Pa e 3 99 The City Council and the Redevelopment Agency of the City of Huntington Beach will regularly convene in joint session for the purpose of considering the following City Council -Redevelopment Agency Agenda Items. The Huntington Beach Parking Authority, Civic Improvement Corporation, and the Huntington Beach Public Financing Authority are also agencies on which Council serves as members. On each Agenda these Agencies may have items scheduled. 7:00 P.M. - Council Chamber Reconvene City Council/Redevelopment Agency Meeting ** The City Attorney Shall Determine If Any Actions Taken By The City Council or Redevelopment Agency In Closed Session Shall Require A Reporting On Those Actions As Required By Law (Government Code §54957.1(a) (3) (B)). (City Council) City Attorney's Report of Action Taken by the City Council in Closed Session on January 16, 2001 (Pursuant to Government Code Section 54957.1(a)(3)(B)) — City Council Authorized Settlement Agreement In Re: Michael Lawrence Mills v. City of Huntington Beach — Workers' Compensation Cases and City Claims ( . ) On January 16, 2001, the City Council convened in closed session to discuss the matter of Michael Lawrence Mills v. City of Huntington Beach, Workers' Compensation Case Nos. AHM 0029678, 0029679, 0029680, 0076206, 0076203, 0076204, 0073451, 0073480, and AHM Unassigned; City Claim Nos. COHB 93-0085, 91-0286, 88-0386, 96-0072, 98-0006, 99-0035 and 99-0119. A copy of the settlement agreement is included in the agenda packet. Council voted to authorize settlement at $125,005.00. The Council voted as follows: 7 Ayes. [City Attorney.Announced] Council) Citv Attornev's Report of Action Taken by the Citv Council in Closed Ses§EMD4 January 16 2001 Pursuant to Government Coded Section 54957.1 a 3 B In Re: Gran ry Invest[ciation into Sewer Leaks ( . ) On January 16, 2 the City Council, in closed session, took the following actions in reference to the pending Grand Ju vestigation into sewer leaks in the City of Huntington Beach: The City Council found, pursu to Government Code § 995.8: A. That any criminal action broug ainst Public Works Director Robert Beardsley, Maintenance Supervisor Don Noble, former Public Works Director Les Jones for violation of Health &Safety Code § 451 r Water Code § 13271 will be brought on account of an act or omission they made withi a course and scope of their employment; B. That providing City -paid defense counsel to any such c ' 'nal actions would be in the best interest of the City; and C. That any actions or omissions of Messrs. Beardsley, Noble and es were in good faith, without actual malice and in the best interests of the City. (Continued on Next Page) • • HB CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION TO: HONORABLE MAYOR PAM JULIEN HOUCHEN AND MEMBERS OF THE CITY COUNCIL FROM: GAIL HUTTON, City Attorney DATE: January 31, 2001 SUBJECT: Report of Action Taken Pursuant to Government Code Section 54951 1 January 16, 2001, City Council Closed Session PLEASE ANNOUNCE IN OPEN SESSION OF CITY COUNCIL ON FEBRUARY 5, 2001, THAT: On Tuesday, January 16, 2001, the City Council convened in closed session to discuss the matter of Michael Mills v. City of Huntington Beach; Workers' Comp Case Numbers AHM 0029678, 0029679, 0029680, 0076206, 0076203, 0076204, 0073451, 0073480, and AHM unassigned; City Claim Nos. COHB 93-0085, 91-0286, 88-0386, 96-0072, 98-0006, 99-0035 and 99-0119. A copy of the settlement agreement is attached. Council voted to authorize settlement at $125,005.00. The Council voted as follows: 7 Ayes; 0 Noes; 0 Abstentions. GAIL HUTTON City Attorney GH/ab Attachment: Settlement Agreement cc: Ray Silver, City Administrator Connie Brockway, City Clerk Closed/OlReport/Mills WC 15:49 7143788704 LAW OFFICE E RUTYNA PAGE 02 WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA MICHAEL LAWRENCE MILLS 1 Applicant vs. CITY OF HUNTINGTON BEACH, PERMISSIBLY 1 SELF -INSURED AND SELF-ADMINISTERED II Defendants Case No. AHM 0029678, ARM 0029679 AHM 0029680, AHM 0073451 AHM 0073480, AHM 0076200 APM 0076203, AHM 0076204 AHM 0076206, Stipulations with Request for Award The parties hereto stipulate to the issuance of an Award and/or Order, based upon the following facts, and waive the requirements of Labor Code Section 5313: 1.MICHAEL LAWRENCE MILLS born 2/19/46 while IF-Ployee) employed within the State of California as Fire �icrhter and Fire on See Addendum A (Occuoa8onl (Data of Irjury) fighter Paramedic by CITY OF HUNTINGTON BEACH, PERMISSIBLY 5 LF— whose compensation insurance carrier was INSURED AND SEL F7RTTAINISTERED sustained injury arising out of and in the course of employment See Addend= A (Part- Of Dody Inlure0l 2. The Injury caused temporary disability for the period ADEQUATELY COMPENSATED through VARIOUS BROKEN PERIODS for which indemnity is payable at S LC 4850 pay week, less credit for such payments previously made. 3. The injury caused permanent disability of 83 %, for which indemnity Is payable at g "$230. 00 per per week beginning 6 / 17 / 0 0 , in the sum of S $ 12 5 , 0 0 5 , less credit for such payments previously made. Flus a life pension thereafter in the amount of $88.9C per week An informal rating has faasa't been previously issued. (select One) 4. There is )iscmcd (Select one) DwC WCAB FORM 3 (REV. 9S0) s m*>be need for medical treatment to cure or relieve from the effects of said injury. DEPARTMENT OF INDUSTRIAL, RELATIONS DIVISION OF INDUSTRIAI ACCIDENTS 8o 908_4 (Page 1) wC,Aa•3 JAN-30-2001 14:49 7143789704 97% P.02 e1/JU/2UU1 15:49 7143788704 0 LAW OFFICE E RUTYNA �J PAGE 04 RE: Michael Lawrence Mills v. City of Huntington Beach; Permissibly self -insured and self administered WAD No: 1) A11M 0029678; 2) AHM 0029679; 3) AHIVI 0029680; 4) AHM 0073451; 5) AHM 0073480; 6) AHM 0076200; 7) AHM 0076203; 8) AM 10076204; 9) AHM 0076206; 10) AHM ADDENDUM A, STIPULATIONS WITH REQUEST FOR AWARD Dates of Injury and Parts of Body Injured 1. AHM 0029679; 5/8/93 right knee 2. AM4 0029679; 12/26/91 right knee 3. AHM 0029680; 1/18/88 — 1/18/93 cumulative trauma hypertension, internal injury 4. AHM 0073 45 1; 1/17/89 — 2/8/99 right knee cumulative trauma S. AHM 0073480; 2/8/99 right knee 6. AHM 0076200; 111/89 — 8/24/99 cumulative trauma to skin causing skin cancer 7. AHM 0076203; 8/18/99 groin (inguinal hernia) 8. A1:DA 0076204; cumulative trauma 8/24/9.4 — 8124/99 cumulative trauma to groin (inguinal hernia) 9. AHM 0076206; cumulative trauma 1/l/98 — 8/24/98 cumulative trauma to hypertension, cardiovascular system 10. APLM Unassigned; cumulative trauma ending 6/16/00 causing injury to bilateral hearing loss, internal, hypertension, cardiovascular, including skin cancer, low back, and bilateral inguinal hemia, o n J r ,) h} A n e-P . Applicant Michael Lawrence Mills Attorney f icant Richard J.Vsq. Attorney for Defendant Edward J. Rutyna, Esq. JAN-3a-2001 14:49 7143788704 se% -- P.04 . nl/de/1bb1 15:49 7143788704 LAW OFFICE E RUTYNA • PAGE 05 RE: Michael Lawrence Mills v. City of Huntington Beach; Permissibly self -insured and self administered WCAB No: 1) AHM 0029678; 2) AIM 0029679; 3) AHM 0029680; 4) A 4M 0073451; 5) AHM 0073480; 6) AHM 0076200; 7) AHM 0076203; 8) AHM 0076204; 9) AHM.0076206; 10) AHM ADDENDUM B. STIPULATIONS WITH REQUEST FOR AWARD The parties agree that the applicant is entitled to a PERS disability retirement effective June 17, 2000. Applicant Michael Lawrence Mills P-L;,U5".f Attorney for 'cant Richard J. Si er, Esq. Attorney for Defendant Edward J. Rutyna, Esq. JAN-30-2001 14:49 7143788704 98x P.OS 01/30/2001 15:49 7143788704 LAW OFFICE E RUTYNA 1 WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Z-6tkjT AWARD PAGE 06 AWARD IS MADE in favor of UI_C H3k&L LAWRENCE MILLS against CITY -OF HiUNTINGTON BEACH of: (A) Temporary disability indemnity in accordance with paragraph 2 above, (B) Permanent disability indemnity in accordance with paragraph 3 above, Less the sum of S -1�7 S 1 n A , payable to applicant's attorney as the reasonable value or services rendered. To be, commuted from the far - end of the Award, and $ (0000 based upon Applicant's Life Pension, to be also commuted from the far Less liens in accordance with Paragraph 7 above.. end of the Award. (C) Further medical treatment in accordancawith Paragraph 4 above. (D) Reimbursement for medical -legal expenses in accordance with Paragraph 5 above, (E) 7AiaS Wo ru9U0n JLdg� WORKERS' COMPENSATION APP LS BOARD kcsv�o,A S Q.t'L� ce can � L as � Copy served on all persons listed O^ Official Address Record +�-� 'SC~ nc Date: By: PGmtUre) JAN-30-2001 14:50 7143788704 9e% P.06