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
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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