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.
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Hardie Davis, Jr. ___—
As its Mayor
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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