HomeMy WebLinkAboutA9441 - CRAIG HERRERADocuSign Envelope ID: OEBB62FF-733E-4945-BDCO-F902B125BA57
WORKERS' COMPENSATION SETTLEMENT REQUEST
Date:5/11/2023
Claimant: Craig Herrera
Position/ Department: Maintenance and Facilities: maintenance Worker 1
Date of Hire: 9/26/2011
Dates of Injury: 7/16/2015
Current Employment Status: last day worked 11/14/2018
Settlement Recommendations: Stipulation Agreement
Approval: Received Council approval to stipulate claim on 5/11/2023 during closed session.
CLAIM BACKGROUND
Mr. Herrera was attempting to breakdown a portable ADA restroom when he sustained a specific electrocution
shock and injury.
Mr. Herrera asserted injury to his back, left arm, left hip, left foot, internal and psyche. Mr. Herrera received
substantial medical treatment for these injuries and was eventually evaluated by Agreed Medical Evaluators,
James O'Brien, M.D. in psychiatry, Jonathan Green, M.D. in internal medicine and Michael Luciano, M.D. in
orthopedic medicine.
PROCEDURALSTATUS
TTD benefits have been paid on the claim.
Dr. Green did not find Mr. Herrera to have suffered any internal industrial injury.
Dr. O'Brien found an industrial psychiatric injury with need for future medical treatment.
Dr. Luciano found industrial injury to the lumbar spine and left elbow with need for future medical treatment.
Mr. Herrera has been declared at maximum medical improvement by all physicians involved in this case, and
those reports have been rated by the California workers' compensation system at 61% equal to $104,182.50.
Mr. Herrera is also entitled to lifetime medical treatment on the injured body parts as noted above.
In addition to the workers' compensation claim, Mr. Herrera also filed a civil suit against the manufacturer of
the portable ADA restroom for which the City is entitled to a third -party credit in the amount of $7,535.44 as
against the permanent disability due under this award.
DocuSign Envelope ID: OEBB62FF-733EA945-BDCO-F9028125BA57
As there is no dispute on the current rating under the workers' compensation system, defense counsel for the
City of Palm Springs requests authority for settlement at 61% equal to $104,182.50, less the third -party credit of
$7,535.44, payable over approximately 6.5 years at $290.00 a week. (actual money is $96,647.04)
ANALYSIS OF THE EXPOSURE
The claimant is not treating. Applicant Attorney was pushing for C and R at 190K. We will revisit C and R in 36
months to review treatment. The claimant will be paid out at $290 per week for the PD.
Authorizations
Occupational Health & Safety Manager:
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Director of Human Resources: M6E007CC1D74A7
DocuSigned by:
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City Attorney: 9fi56A1483C6E407
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Date: VI(el2 o 2-3
Date:5/17/2023 1 10:11 AM PDT
Date: 5/16/2023 1 5:02 PM PDT
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