2021/10/13 Council Agenda Packet

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This is an agreement ("Agreement") between Michael W. Weaver and his marital community, Amy Weaver, (referred to in this agreement as "you"), and the City of Everett (referred to in this agreement as the "City," "us," or "we"). This Agreement is dated for reference purposes the day of September, 2021, which is the date we delivered this Agreement to you for your consideration. The terms of this Agreement are contingent on approval by the City of Everett City Council. RECITALS Whereas, Michael W. Weaver was employed by the City of Everett Fire Department beginning in 1996; Whereas, in 2011 Michael W. Weaver was diagnosed with melanoma on his upper scapula, and following diagnosis, Michael W. Weaver made an occupational disease claim against the City of Everett under RCW 51 et seq.; Whereas, during that claim Michael W. Weaver was represented by Ron Meyers and Associates and following a hearing, on February 11, 2013, the Board of Industrial Insurance Appeals determined that Mr. Weaver's condition, diagnosed as melanoma, did not arise naturally and proximately out of the distinctive conditions of his employment with the City of Everett Fire Department, the statutory presumption of RCW 51.32.185 had been rebutted by a preponderance of the evidence, his melanoma was not an occupational disease under RCW 51.08.140, and the Department of Labor and Industries correctly rejected the claim; Whereas, in January 2014, Michael W. Weaver received a diagnosis of malignant melanoma, after his medical team discovered that he had metastatic brain cancer originating from his prior melanoma; Whereas, Michael W. Weaver filed a second occupational disease claim with the City of Everett under RCW 51 et seq., alleging that his malignant melanoma was the result of his employment with the City of Everett; Whereas, the above -referenced malignant melanoma claim became the subject of extended litigation between Weaver and the City, culminating in the decision of the Washington Supreme Court in Weaver v. City of Everett, 194 Wn.2d 464, 450 P.3d 177 (2019), in which the Supreme Court determined that Mr. Weaver's second malignant melanoma claim was not foreclosed by the rejection of his originating melanoma claim; Whereas, since the time of the Supreme Court decision, Weaver and the City have endeavored to resolve all disputes between them since, on the one hand, Mr. Weaver believes and continues to assert that his malignant melanoma was the result of exposures which occurred during his employment by the City of Everett, and the City of Everett has continued to assert that Page 1 of 9