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<br />. .'"., ," ] <br />"iI' - ::~N~:^~: <br /> <br />l.... }~ " ~ _ ~ 1, , . <br /> <br />b. Manage timely receipt of all pertinent claim information from Employer providers and other somces. <br /> <br />c. Determine, on behalf of Employer for each reported employee injury or illness, those benefits, ifany <br />that should be paid or rendered under the California Workers' Compensation La.ws. Such determination <br />sball include an estimate of future claim payment Retain outside services with prior approval of <br />Employer, for the investigation and management of the claims. Outside services include but are not <br />limited to: <br /> <br />. AOFJCOE Investigators <br />. Activities Check/Sub-rosa Investigator; <br />. Medical Case Management and Rehabilitation <br />. Nurses/Consultants <br />. Subrogation Investigators and Experts <br /> <br />d. Exhibit in each Indemnity claim file good faith efforts to contact all il\iured workers by telephone within <br />at least twenty-four hours of receipt of claim, and in no event any later than forty-eight hours of receipt <br />of claim, excluding weekends and holidays. Establish phone contact with appropriate Employer <br />department for initial discussion of claims, as needed, within three (3) working days of receipt of claim. <br /> <br />e. Initiate investigations, subject to approval by Employer, to determine compensability ofreported and <br />actual claim status. Employer shall have prior approval of the selection of any investigator used to <br />investigate Employer's claims ofindustrial iIijury or illness. Take necesS8lY statements and investigate <br />facts of the case within thirty (30) days receipt of claim, when warranted. <br /> <br />t: Prepare documentation of cases for litigation and continue to monitor legal counsel representing <br />Employer in legal action(s) and assist counsel as necessuy in preparation of litigation. Employ~r shall <br />select and approve counsel prior to each referral. In addition, Administrator shall promptly provide <br />Employer with copies of all correspondence generated on those claim files which are litigated and sball <br />immediately notify Employer in writing and shall keep Employer closely informed on those claims <br />involving allegations of Serious and Willful Misconduct or alleged violation(s) of California Labor <br />Code Section 132(a). At time of case referral to defense counsel administrator shall prepare a letter of <br />direction to defense counsel outlining work to be done, by whom, and in what time frame. All <br />assignments, instructions and communication with defense counsel must be documented in the claim file <br />and computer note pads. Administrator shall manage defense counsel on an ongoing basis and obtain <br />status reports from defense counsel every siXty (60) days. Administrator shall actively manage litigated <br />files and not perform functions and shall not require defense counsel to perform activities which can be <br />accoIllPlished effectively by claims staff. <br /> <br />Administrator shall obtain defense counsels' written evaluation within sixty (60) days ofmbmission, <br />including evaluation of liability, verdict potential, settlement value, and case strategy. <br /> <br />g. Disburse payment on behalf of Employer out of the bank trust account funded by Employer, all <br />"Allocated Loss Expenses", which is defined to include all costs incmred on behalf of Employer <br />specifically related to an individual claim, including but not limited to, attomeys, independent adjusters <br />or investigators, expert witnesses, copying records or transcripts, court costs or Appeals Board fees or <br />other costs deemed proper and necessary to represent Employer. <br /> <br />h. Use best efforts to achieve an average monthly closme ratio of one hundred percent (100%) over the <br />term of this Agreement. <br /> <br />i Examine on ~ehalf. of Employer all reports. of industrial injury or illness relating to Employer's <br />employees or former entployees and reported to Administrator and to conduct investigations on such <br /> <br />city of Redwood City. Claim Service Airccment. 2009 through 2010 <br /> <br />3 <br />