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HomeMy WebLinkAboutRESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY VICKY WALLACE RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY VICKY WALLACE (CLAIMANT) IN THE AGGREGATE SUM OF ONE HUNDRED AND FIVE THOUSAND, SEVEN HUNDRED AND SIXTY-FIVE DOLLARS ($105,765.00), PAYABLE AS FOLLOWS: VICKY WALLACE AND HOLLINGTON BROWN, LLP AS HER ATTORNEYS; FURTHER AUTHORIZING THE THIRD-PARTY ADMINISTRATOR, CORVEL CORPORATION, TO DISBURSE THE AMOUNT OF ONE HUNDRED AND FIVE THOUSAND, SEVEN HUNDRED AND SIXTY-FIVE DOLLARS ($105,765.00); WAIVING AUGUSTA, GEORGIA CODE OF ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE ONLY; AND FOR OTHER PURPOSES. WHEREAS,Vicky Wallace, surviving spouse of James M. Wallace, filed a workers' compensation claim with regard to James M. Wallace's death while employed with the Richmond County Sheriffs Office bearing claim number 2017-039930; WHEREAS, all parties to said claim desire to settle all issues; and WHEREAS, Claimant has agreed to settle all claims against Augusta-Richmond County, Augusta-Richmond County Commission, and the Richmond County Sheriffs Office,for the sum of one hundred and five thousand,seven hundred and sixty-five dollars ($105,765.00), payable to Vicky Wallace, surviving spouse and Hollington Brown, LLP, as her attorneys. WHEREAS, it is in the best interests of Augusta, Georgia to resolve this matter and pay the amount of one hundred and five thousand, seven hundred and sixty-five dollars ($105,765.00) to Claimant. This amount represents the sum of $100,000.00 in death benefits and $5,765.00 in medical and burial expenses. Such amounts shall settle all claims of Claimant against Augusta-Richmond County, Augusta-Richmond County Commission, the Richmond County Sheriffs Office, and their employees and agents arising out of the facts alleged in said claim: James Wallace died while participating in a mandated physical fitness test which required him to complete a series of push-ups, sit-ups, bench press, 100-meter dash and a one-mile run. James Wallace had completed four of the five requirements and while performing the one-mile run collapsed during the first one-quarter of the mile run. He was pronounced dead upon arriving at the hospital. An autopsy revealed that he suffered from atherosclerotic cardiovascular disease and pulmonary edema. Vicky Wallace, through counsel, submitted a demand for $175,000.00 on March 5, 2018 for death benefits, medical expenses, and burial expenses. Settlement Resolution Claimant:Vicky Wallace,surviving spouse of James M.Wallace Employer:RCSO Claim#:2017-039930 Page 1 of 3 • WHEREAS, Augusta, Georgia acknowledges that the payment set forth herein is considered a compensable claim and that Wallace was within the scope of his employment when he expired. NOW, THEREFORE, BE IT RESOLVED by the Augusta, Georgia Commission, Section 1: The Augusta, Georgia Commission will settle the claims set forth above for the sum of one hundred and five thousand, seven hundred and sixty-five dollars ($105,765.00), payable to Vicky Wallace and Hollington Brown, LLP, as her attorneys. Section 2: The Third-Party Administrator, Corvel Corporation, is authorized to pay a total sum of one hundred and five thousand, seven hundred and sixty-five dollars ($105,765.00), payable to Vicky Wallace and Hollington Brown, LLP, as her attorneys. Section g: 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 day of 0,,, ,/, , 2018. k-ep-G Hardie Davis, Jr. ___— As its Mayor 1 .11ip f ig !Mtest •" '�H'w , X46, a it AI 11.1411 L•n.. ' .,, y� o , *ion to f Sal: 4113/41/4 44.0.•4140E- EORGi • Settlement Resolution Claimant:Vicky Wallace,surviving spouse of James M.Wallace Employer:RCSO Claim#:2017-039930 Page 2 of 3 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Resolution was duly adopted by the Augusta, Georgia Commission on , 2018 and that such Resolution has not been 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 Settlement Resolution Claimant:Vicky Wallace,surviving spouse of James M.Wallace Employer:RCSO Claim#:2017-039930 Page 3 of 3