Agmt04 Claims Management BCJPIA - Laserfiche WebLink

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The member city shall be alerted to the need for an outside counsel as soon as possible and the examiner shall appoint an attorney who is acceptable to the member city. Settlement proposals directed to the member city shall be forwarded by the TP A or defense counsel in a concise and clear written form with a reason(s) for such recommendation. All preparation for a trial shall involve the member city so that all material evidence and witnesses are utilized to obtain a favorable result for the defense. The supervisor or the examiner shall attend Workers' Compensation Appeals Board hearings, rehabilitation hearings, meetings with defense counsel, and meetings with member cities' staff, departments, and employee groups as necessary and as requested to do so. 19. Settlements: The TP A shall obtain the member city's written authorization on all settlement or stipulations within the member City's retained limit. Settlement authority above the member city's retained limit must be requested from the City's Workers' Compensation Program Manager. All requests for settlement authority shall include a written claim summary, current financial information, estimate of permanent disability, and the defense counsel's comments and recommendations, if any. 20. Subrogation: In all cases where a third party is responsible for the injury to the employee, the TP A shall contact the member city indicating they will pursue subrogation unless instructed otherwise by the member city. When subrogation is to be pursued, the third party shall be contacted within ten (10) days of identification, with notification of the member city's right to subrogation and the recovery of certain claim expenses. If the third party is a governmental entity, a claim shall be filed with the governing board within six (6) months of the injury or notice of injury. Periodic contact shall be made with the responsible party and/or insurer to provide notification of the amount of the estimated recovery to which the member city will be entitled. If the injured worker brings a civil action against the party responsible for the injury, the TP A shall consult with the member city about the value of the subrogation claim and other considerations. Upon the member city's authorization, subrogation counsel shall be assigned to file a Lien or a Complaint in Intervention in the civil action. Whenever practical, the TP A should take advantage of any settlement in a civil action by attempting to settle the workers' compensation claim by means of a Third Party Compromise and Release. If such attempt does not succeed, then every effort should be made through the WCAB to offset claim expenses through a credit against the proceeds from the injured worker's civil action. city of Redwood City - Performance Standards Page 5 of8 July 1, 2004 -_.._.. _....