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February 28.2019 <br /> Page 3 of 3 <br /> 5. Snohomish County Superior Court Joint Stipulation and Order <br /> The Employer and Claimant agree the stipulation and agreement as outlined in Paragraph <br /> 4 will be reiterated and effectuated by virtue of a Snohomish County Superior Court Joint <br /> Stipulation and Request for Order for Reversal and Remand wherein the Snohomish <br /> County Superior Court will issue an order directing the parties remain responsible for <br /> their own respective attorney fees and costs and thereby reverse the Department orders <br /> dated 12/6/16 and 12/7/16 and remand to the Department with direction to deny the <br /> conditions diagnosed as left greater trochanteric bursitis,left trochanteric pain syndrome, <br /> and left partial gluteus medius tear;find the Employer is not responsible for the payment <br /> of time loss compensation benefits from 11/16/14 through 9/9/15; and to thereupon close <br /> the claim with no award for permanent partial disability and no further entitlement to <br /> time loss compensation or loss of earning power benefits. <br /> The Employer and Claimant contemplate and understand the Department will issue a <br /> ministerial order to implement the terms of the Snohomish County Superior Court Order <br /> for Reversal and Remand.Employer and Claimant intend that this ministerial order will <br /> operate to affirm any unaddressed protests and/or disputes at the Department level. <br /> 6. All parties acknowledge that before entering into this agreement,each has had the <br /> opportunity to discuss this agreement with an attorney of their choosing and to obtain <br /> legal and income tax advice regarding the possibility consequences of this agreement. <br /> The terms of this agreement have been completely read and are fully understood and <br /> voluntarily accepted <br /> Parties to the Agreement: • <br /> J/ ey//-aft .4111 <br /> (711 <br /> bib mt ate osef Reibel, WSBA#47311 Date <br /> C aiman /-- • oyee Attorney for Joni Smith <br /> 5441 <br /> Date Ann Silvernale,WSBA#14524 Date <br /> The City of Everett Representative Attorney for The City of Everett <br /> AP OVED AS TO F R� <br /> JAMES D.IIES,City A orney ATA1 T: <br /> freidLak,„A <br /> City Clerk <br /> Sidebar Settlement Agreement: The City of Everett and Joni Smith <br />