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DocuSign Envelope ID:06CEAA47-F11F-421A-B8CE-390F42C61208 <br /> time designate in writing,provided that no such instruction may vary the terms of this Agreement. <br /> (i) Unless otherwise directed by Customer or precluded by law, CorVel shall seek subrogation recoveries <br /> on behalf of Customer and shall provide Customer with any recoveries obtained, minus the attorneys' <br /> fees and costs incurred in obtaining such recoveries. Customer represents and warrants that its workers' <br /> compensation program provides for rights of subrogation. Customer delegates and/or assigns these <br /> subrogation rights and third party recovery rights to CorVel as its agent for purposes of subrogation <br /> only. Customer shall assist CorVel in its subrogation efforts by providing requested information and <br /> documentation. CorVel may engage the services of a subrogation management firm to assist with the <br /> identification and management of subrogation cases. The fees charged by the subrogation management <br /> firm will be deducted from any recovery. In those cases where the subrogation recovery efforts of the <br /> claimant's attorney should be compensated,Customer delegates to CorVel full authority to act on behalf <br /> of the Customer to negotiate reasonable attorneys' fees. In those instances where Customer's <br /> subrogation lien, in the opinion of CorVel, should be compromised or abandoned, Customer delegates <br /> to CorVel full authority to act on behalf of Customer to compromise or abandon the lien. Any <br /> determination by CorVel with respect to subrogation liens shall be final and conclusive, unless <br /> overturned by order of a limited arbitrary and capricious standard of review. <br /> (j) CorVel shall consult and cooperate with Customer with respect to any loss or claim resulting in a lawsuit <br /> being instituted against Customer. Nothing in this paragraph shall be construed in any way as a waiver <br /> by CorVel of any attorney/client,work product or other applicable privilege with respect to any materials <br /> or documents prepared by CorVel or its counsel in anticipation of litigation. <br /> (k) CorVel shall assist,cooperate and participate with Customer,carriers and reinsurers in connection with <br /> claim reviews and audits and catastrophic injury claim analysis and excess claim related reporting. <br /> IX. SERVICE CRITERIA,STANDARDS AND GUIDELINES <br /> (a) Assignments: Customer will notify CorVel,either via CareMC,telephone or facsimile,that Customer's <br /> employee has sustained a work related injury. All new Lost Time claims will be acknowledged and <br /> established by CorVel within the next business day following such notice. The acknowledgement will <br /> included the name and contact information of the assigned Adjuster. <br /> (b) Contacts: As warranted, and always with regard to lost time, or anticipated lost time claim situations, <br /> initial contact with the injured employee will be made within the next business day following receipt of <br /> a new assignment claim.Contact with the Physician,and employer,if required will be made by the next <br /> business day. <br /> (c) Investigation: Completed and documented within 30 days from date of assignment. <br /> City of Everett,WA—CorVel EC Amendment 3 7-25-2022 <br />