ORDINANCE No. 177213

*Pay claim of Dale Sherbourne. (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  Dale Sherbourne has filed twenty-eight workers’ compensation claims, four of which were denied. Two additional claims (2002-0256 and 1997-0405) have been denied and are pending litigation.

2.  The City’s potential liability on the claims could include time loss; permanent total disability; vocational benefits; medical benefits; the filing of additional aggravation claims; new occupational disease claims; and permanent partial disability, as well as potential civil liability on employment issues.

3.  Risk Management, the Bureau of Maintenance, and the City Attorney’s Office have negotiated Claims Disposition Agreements on all accepted claims, Disputed Claims Settlements on all denied claims, a waiver of Cobra benefits and other City health care benefits, and recommend a settlement in the amount of $85,000 that resolves all workers’ compensation issues and includes a resignation agreement which will also release the City in full of all pending and potential claims.

NOW, THEREFORE, the Council directs:

a.  Risk Management and the Bureau of Maintenance are authorized to pay to the claimant the amount of $85,000 as settlement of all issues that have been or could be raised with the City, of which $80,000.00 shall be paid by Risk Management and $5,000.00 shall be paid by the Bureau of Maintenance which will confirm Dale Sherbourne’s resignation from the City and include a release in full of all claims.

b.  Risk Management and the Bureau of Maintenance will execute payment as set forth in sub-paragraph (a) and paragraph (3) above.

Section 2. The Council declares that an emergency exists in order to avoid undue and costly delay in settling this claim; therefore, this Ordinance shall be in force and effect from and after its passage by the Council.

Passed by the Council  JAN 29 2003     GARY BLACKMER

Mayor Vera Katz           Auditor of the City of Portland

Suzanne Bates:cm           /S/ Susan Parsons

January 14, 2003       Deputy

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BACKING SHEET INFORMATION

AGENDA NO. 70-2003

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177213