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• <br /> SETTLEMENT AGREEMENT <br /> BETWEEN THE CITY OF EVERETT AND ROBIN WILCOX <br /> The City of Everett(City)by and through its attorney Jannine Myers of Holmes Weddle& <br /> Barcott,PC and Robin Wilcox(Claimant)by and through his attorney James Walsh,have agreed • . <br /> to enter into an agreement to resolve all issues and appeal in Claim SE10327. The matter is <br /> currently before the Snohomish County Superior Court in Cause No, 19-2-08886-3 Land Cause No.22-2-00513-31 <br /> The claimant filed an appeal to Superior Court of the Board of Industrial Insurance Appeals <br /> September 9, 2019 Decision and Order. This Decision and Order found that between August 7, <br /> 2015 and May 1, 2018, claimant's right knee industrially related conditions did not objectively <br /> worsen within the meaning of RCW 51.32,160 and his application to reopen his claim,SE10327, <br /> was denied. <br /> The claimant will voluntarily dismiss with prejudice(CR 41 (a)(1)(B))his Superior Court <br /> appeal, Cause No. 19-2-08886-31. In consideration of the above, the City, subject to the.city <br /> council's approval, will issue the claimant a sidebar payment of$70,000.00 (seventy thousand <br /> dollars and zero cents).Claimant will also voluntarily dismiss with prejudice Cause No.22-2-00513-31. <br /> This payment is not an acceptance of liability.All parties will bear their own attorney fees. <br /> All parties acknowledge that before entering into this Agreement, each has had the <br /> opportunity to seek the advice of an attorney of their choosing regarding the possible consequences - <br /> of this Agreement.Breach of this Agreement will result in a cause of action for damages and costs <br /> associated wit bringing any such action. <br /> The claimant will dismiss his appeal and the settlement payment will be paid to James R. <br /> Walsh in trust of Robin Wilcox and mailed to James R. Walsh within 14 business days of receipt <br /> of the fully executed and signed agreement. <br /> - � 120ct2022 <br /> Robin Wilcox Date <br /> l4 • i oJialaa • <br /> am z es Walsh,WSBANo. Date <br /> Attorney for Robin Wilcox <br /> 10/14/22 ° 7/Z <br /> J e Myers,W A No. 37408 Date Cassie ranklin ate <br /> Attorney for City of Everett Mayor, City of Everett <br /> ` APO FM <br /> OFFICEPROVED OF THEAST CITY OR ATTORNEY <br /> EVERETT <br /> /ITT <br /> erc <br />