HomeMy WebLinkAboutResolution 1990 - 00891
RESOLUTION NO.90-89
ESTABLISHING DISTRICT PROCEDURES FOR SETTLEMENT
OF WORKERS’COMPENSATION CLAIMS MADE AGAINST
THE DISTRICTS
A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS
OF COUNTY SANITATION DISTRICTS NOS.1,2,3,5,
6,7,11,13 AND 14 OF ORANGE COUNTY,CALIFORNIA,
ESTABLISHING DISTRICT PROCEDURES FOR SETTLEMENT
OF WORKERS’COMPENSATION CLAIMS MADE AGAINST
THE DISTRICTS
WHEREAS,claims for Workers’Compensation damages alleging personal
injuries,including death,are periodically made against the Districts;and,
WHEREAS,the Districts presently have no Workers’Compensation insurance
in force,having previously determined to be legally self—insured;and,
WHEREAS,the Districts have retained a claims administration service firm
and special legal counsel who shall be vested with certain limited authority to
accomplish a favorable disposition of Workers’Compensation claims made against
the Districts;and,
WHEREAS,cost efficiency relating to resolution of Workers’Compensation
claims can be greatly improved by the adoption of certain policies relating to
the resolution of said claims.
NOW,THEREFORE,the Boards of Directors of County Sanitation Districts
Nos.1,2,3,5,6,7,11,13 and 14 of Orange County,California,
DO HEREBY DETERMINE,RESOLVE AND ORDER:
ARTICLE I
SETTLEMENT OF WORKERS’COMPENSATION CLAIMS
MADE AGAINST THE DISTRICTS
Section 1 A minimum liability reserve has been established in the ano~:~t
of $250,000.00 for the payment of claims made again_t the Districts.Said
minimum amount shall continue to be provided for in each annual budget to ensure
that sufficient funds are on deposit to provide for payment of those amounts
p
incurred as a liability loss or expense;and,
Section 2 Each annual budget shall provide,in addition to the reserve
established by Section 1,for the sufficient funds to provide a sufficient
balance to meet projected expenses for payment of claims during the ensuing
fiscal year;and,
Section 3 A claims administration firm is authorized to be retained,
and said firm is hereby granted authorization to make payments and settlements
of claims made against the Districts in an amount not to exceed $1,000.00 per
claimant.Said firm shall be retained in accordance with the terms and
conditions set forth in an agreement approved by the General Counsel;and,
Section 4 In addition to special legal counsel selected by the
Districts’Workers’Compensation administrator,the General Counsel is
authorized to retain the services of special legal counsel for purposes of
representing the Districts in the defense of any Workers’Compensation claim,
wherein he determines that specialized expertise is desirable or that the
workload requires the utilization of outside counsel;and,
Section 5 A comittee comprised of the General Manager,Director of
Finance and General Counsel are authorized to review and make full settlement of
any Workers’Compensation claim made against the Districts by payment of a sum
not to exceed $10,000.00 per claimant.In the event a claim results in
litigation,which is being legally defended by other than the Districts’General
Counsel,this corrunittee shall review and provide the approval to the Districts’
special legal counsel within the same limits;and,
Section 6 All claims resulting in a recommended settlement,by
negotiation or stipulation in an amount exceeding $10,000.00 per claimant shall
be submitted to and approved by the joint Boards of Directors;and,
Section 7 This resolution is effective immediately upon adoption.
PASSED AND ADOPTED at a regular meeting held July 11,1990.
STATE OF CALIFORNIA)
j~)SS.
COUNTY OF ORANGE )
I,RITA J.BROWN,Secretary of the Boards of Directors of County
Sanitation Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange County,
California,do hereby certify that the foregoing Resolution No.90-89 was
passed and adopted at a regular meeting of said Boards on the 11th day of
July,1990,by the following vote,to wit:
AYES:Edward L.Allen,Margaret M.Arnold,Wes Bannister,Roland E.
Bigonger,John C.Cox,Jr.,Norman E.Culver,Richard B.Edgar,
Beth Graham,Peter Green,Don R.Griffin,Dan Griset,Evelyn
Hart,William D.Mahoney,Tom Mays,James Neal,Carrey
J.Nelson,Arthur G.Newton,Chris Norby,Irv Pickler,Ruthelyn
PlunTner,Richard 1.Polls,Leslie A.Pontious,Charles
E.Puckett,Don R.Roth,Phil Sansone,Sally Anne Sheridan,
J.R.°Bob~Siefen,Wayne Silzel,Roger R.Stanton,Peer
A.Swan,Charles E.Sylvia,James A.Wahner,Henry W.Wedaa
NOES:None
ABSENT:Don E.Smith,Edna Wilson
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.1 on behalf of itself and Districts
Nos.2,3,5,6,7,11,13 and 14 of Orange County,California,this 11th day
of July,1990.
Rita J.BrowW,Secretary
Boards of Directors,County
Sanitation Districts Nos.1,~2,3,5,
6,7,11,13 and 14 of Orange County,
California