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HomeMy WebLinkAboutRESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY ROBERT SEYMORE WITH A CONTRIBUTION BY THE CITY OF AUGUSTA IN AMOUNT NOT EXCEEDING THREE HUNDRED TWENTY THOUSAND DOLLARS RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY ROBERT SEYMORE WITH A CONTRIBUTION BY THE CITY OF AUGUSTA IN AN AMOUNT NOT EXCEEDING THREE HUNDRED TWENTY THOUSAND DOLLARS; ($320,000); AUTHORIZING CORVEL, THE THIRD PARTY ADMINISTRATOR FOR THE AUGUSTA- RICHMOND COUNTY WORKER'S COMPENSATION PROGRAM TO DISBURSE NO MORE THAN THE AMOUNT OF THREE HUNDRED TWENTY THOUSAND DOLLARS; ($320,000); WAIVING AUGUSTA-RICHMOND COUNTY CODE OF ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE ONLY; AND FOR OTHER PURPOSES. WHEREAS, Robert Seymore, a former employee of Augusta has a pending Workers' Compensation claim arising out of an on-the-job injury; WHEREAS, all parties to said Workers' Compensation proceedings desire to settle all clams; and WHEREAS, Claimant has agreed to settle all claims against Augusta and the Augusta- Richmond County Commission for a lump sum payment in the amount of one hundred seventy five thousand ($175,000) and the annuitized funding of a Medicare Set Aside Account (MSA) in the approximate amount of one hundred forty one thousand seven hundred seventy nine($141,779) subject to approval of Centers for Medicare Services (CMS). After payment of the lump sum and for the funding of the MSA, Corvel shall seek reimbursement of all amounts paid over the approximate amount of$267,000 from Safety National,the excess workers' compensation carrier for Augusta. Therefore the ultimate cost to Augusta is approximately $267,000.00 WHEREAS, it is in the best interests of Augusta-Richmond County to resolve this matter and to settle all claims of Claimant against Augusta-Richmond County arising out of the facts in said Workers' Compensation claim: Claimant was an employee of the Utilities Department when he was seriously injured in an automobile accident while driving an Augusta vehicle on May 24, 2010. Claimant has yet to return to work as a result of his injuries. The MSA is being submitted to CMS and approval is pending. The MSA will be professionally administered which administration is included in the costs set out herein. WHEREAS, Augusta-Richmond County acknowledges that the payment set forth herein does not constitute any admission of liability on the part of Augusta-Richmond County and liability is expressly denied; NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission, Section 1: The Augusta-Richmond County Commission will settle the claims of Robert Seymore for the aggregate contributed amount of approximately $320,000 of which all amounts over approximately $269,000 will be reimbursed to Augusta by Safety National. Section 2: Corvel, the third party administrator for Augusta-Richmond County is authorized to pay no more than three hundred twenty thousand dollars ($320,000) of the settlement amount referenced above subject to the approval of the State Board of Workers' Compensation and thereafter to seek partial reimbursement from Safety National. Section 3: The budget shall be amended to increase the transfer from the Utilities fund to Workers' Compensation. Section 4: To the extent that any section of the AUGUSTA, GA. CODE is in conflict herewith, that subsection is waived for this instance only. Adopted this SDI day of `o 0100,{ , 2017. IAA Hardie Davis iebw+++�tik, ill As its Mayor 4 laACH 440A/14 10/3/10 Ate.., .r706 ••' 0 iA •- .,# ,,.... U k Sf C$m . ssion #cf*44 T94 '. * t. Se .0'r.,,,.,.ow"P` sr 441,,F,,E0RGiN„, CERTIFICATION The undersigned Clerk of Commission,Lena J. Bonner, hereby certified that the foregoing Resolution was duly adopted by the Augusta-Richmond County Commission on , 2017 and that such Resolution has not be modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Resolution which was approved and adopted in the foregoing meeting(s). Lena J. Bonner, Clerk of Commission