2022/10/26 Council Agenda Packet

SETTLEMENT AGREEMENT BETWEEN THE CITY OF EVERETT AND ROBIN WILCOX The City of Everett (City) by and through its attorney Jannine Myers of Holmes Weddle & Barcott, PC and Robin Wilcox (Claimant) by and through his attorney James Walsh, have agreed to enter into an agreement to resolve all issues and appeal in Claim SE10327. The matter is currently before the Snohomish County Superior Court in Cause No, 19-2-08886-31. The claimant filed an appeal to Superior Court of the Board of Industrial Insurance Appeals September 9, 2019 Decision and Order. This Decision and Order found that between August 7, 2015 and May 1, 2018, claimant's right knee industrially related conditions did not objectively worsen within the meaning of RCW 51.32,160 and his application to reopen his claim, SE10327, was denied. The claimant will voluntarily dismiss with prejudice (CR 41 (a)(1)(B)) his Superior Court appeal, Cause No. 19-2-08886-31. In consideration of the above, the City, subject to the. city council's approval, will issue the claimant a sidebar payment of $70,000.00 (seventy thousand dollars and zero cents). This payment is not an acceptance of liability. All parties will bear their own attorney fees, All parties acknowledge that before entering into this Agreement, each has had the opportunity to seek the advice of an attorney of their choosing regarding the possible consequences of this Agreement. Breach of this Agreement will result in a cause of action for damages and costs associated wit bringing any such action. The claimant will dismiss his appeal and the settlement payment will be paid to James R. Walsh in trust of Robin Wilcox and mailed to James R. Walsh within 14 business days of receipt of the fully executed and signed agreement. Robin Wilcox 120ct2022 Date .yr.. • 0113/da times Walsh, WSBANo. Date Attorney for Robin Wilcox 10/14/22 Je Myers, WS'BA No, 37408 Date Attorney for City of Everett Cassie Franklin Date Mayor, City of Everett