2021/10/13 Council Agenda Packet

medical, and legal positions are correct, and that the factual, medical and legal positions of the other party are incorrect, and without merit. The parties have simply agreed to resolve their dispute applying tort law principles. 4. No Evasion of Benefits or Burdens Under RCW 51.04.060. The parties hereto are familiar with the provisions of RCW 51.04.060, and the prohibition on evasion or waiver of benefits to which an injured worker is entitled. In view of the history of the present dispute, the caliber of and the magnitude of the evidence each party has assembled in support of its position, and the likelihood that continuing with the historic litigation between the parties will consume time and resources and will likely result in further appeals, delays, and the absence of payment of monies to Mr. Weaver, the parties instead seek to resolve this appeal and avoid their mutual risks and costs of litigation by this Agreement. In doing so, the parties agree that this Agreement is intended to preserve for Mr. Weaver an opportunity to obtain compensation for what he alleges was an occupational illness, while at the same time recognizing the City's right to contend that Mr. Weaver's disease had no connection whatsoever with his employment by the City. In making an election between settling under the present Agreement, and continuing with the now seven year old litigation he initiated in 2014, Mr. Weaver is not waiving nor foregoing any benefits to which he knows he is entitled but is, instead, accepting the compensation provided under this Agreement while avoiding further risk, expense and uncertainty, including the risk that his claim could be rejected, in which event he would receive no compensation of any kind, while still being responsible for expert fees, which is an outcome he wants to avoid. 5. Indemnification of the City of Everett. Michael Weaver, and Amy Weaver, a marital community, will receive substantial payments under this Agreement. They wish to receive those payments. The City of Everett, however, has expressed concern that in the event of Michael Weaver's death from malignant melanoma, that he or his estate or his wife, Amy Weaver, could file a claim asserting that his death was caused by an occupational disease and that his spouse and eligible dependents could file a claim for survivors' benefits and death benefits under RCW 51 et seq., be engaged in further litigation regarding those claims, and potentially receive benefits in such claims. Because the City of Everett will not both fund this Agreement in the manner and in the amounts called for hereunder, while at the same time leaving itself exposed to the potential future claims of the Estate of Michael Weaver and/or claims brought by his spouse or eligible dependents, Amy Weaver and eligible dependents, the Weavers hereunder, agree to indemnify the City of Everett up to the full amount of this settlement against any future claims of any kind against the City of Everett, which relate in any way to the employment of Michael Weaver by the City of Everett, which could or may be brought by Michael Weaver, Amy Weaver, the Estate of Michael Weaver, or the successors and assigns of Michael and/or Amy Weaver against the City of Everett now, or at any time in the future up to and including any period following the death of Michael Weaver by any cause of any kind. 6. Release of Claims. Subject to Section 7 below (Rights Not Waived), you hereby release the City and all other Released Parties from any and all claims of any kind, known or unknown, that arose on or before the time you signed this Agreement. The Released Parties covered by the prior sentence are the City and its insurers, insurance policies, and benefit plans. Page 3 of 9