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(��1 �-g - <br /> The member city shall be alerted to the need for an outside counsel as soon as possible <br /> and the examit�er shall appoint an attorney who is acceptable to the member city. <br /> Settlement proposals directed to the member city shall be forwarded by the TPA or <br /> defense counsel in a concise and clear written form with a reason(s) for such <br /> recommendation. <br /> All preparation for a trial shall involve the member city so that a11 material evidence and <br /> witnesses aze utilized to obtain a favorable result for the defense. <br /> The supervisor or the examiner shall attend Workers' Compensation Appeals Board <br /> hearings, rehabilitation hearings, meetings with defense counsel, and meetings with <br /> member cities' staff, departments, and employee groups as necessary and as requested to <br /> do so. <br /> 19. Settlements: The TPA shall obtain the member city's written authorization on all <br /> settlement or stipulations within the member City's retained limit. Settlement authority <br /> above the member city's retained limit must be requested from the City's Workers' <br /> Compensation Program Manager. All requests for settlement authority shall include a <br /> written claim summary, curtent financial information, estimate of permanent disability, <br /> and the defense counsel's comments and recommendations, if any. <br /> 20. Subro at,g ion: In all cases where a third party is responsible for the injury to the <br /> employee, the TPA shall contact the member city indicating they will pursue subrogation <br /> unless instructed otherwise by the member city. When subrogation is to be pursued, the <br /> third party shall be contacted within ten (10) days of identification, with notification of <br /> the member city's right to subrogation and the recovery of certain claim expenses. If the <br /> third party is a governmental entity, a claim shall be filed with the governing board <br /> within six (6) months of the injury or notice of injury. <br /> Periodic contact shall be made with the responsible party and/or insurer to provide <br /> notification of the amount of the estimated recovery to which the member city will be <br /> entitled. <br /> If the injured worker brings a civil action against the party responsible for the injury, the <br /> TPA shall consult with the member city about the value of the subrogation claim and <br /> other considerations. Upon the member city's authorization, subrogation counsel shall be <br /> assigned to file a Lien or a Complaint in Intervention in the civil action. <br /> Whenever practical, the TPA should take advantage of any settlement in a civil action by <br /> attempting to settle the workers' compensation claim by means of a Third Party <br /> Compromise and Release. If such attempt does not succeed, then every effort should be <br /> made through the WCAB to offset claim expenses through a credit against the proceeds <br /> from the injured worker's civil action. <br /> City of Redwood City - Performance Standards Page 5 of 8 July 1, 2004 <br />