Common use of Settlements Including Compromise and Release (C&R) of Claims Clause in Contracts

Settlements Including Compromise and Release (C&R) of Claims. 1. The County's expectation is that all defense attorneys and adjusters will use creative solutions to convince claimants and applicants' attorneys that a C&R is in their best interest. Panel attorneys must fully understand Medicare Set Asides (MSAs), structured settlements, and professional administration of medical management and annuities. Note: The County will not provide case reserves to defense counsel at any time. 2. The County will only authorize the offer of a C&R on workers’ compensation claims in which the claimant is no longer employed by the County (separated or retired) or it's believed an employee will voluntarily resign. Commonly, this is a claimant who: • Has personnel issues such as attendance, performance and/or disciplinary; and • Is on leave without pay; and • Has other personal motivation that may be amenable to settlement such as need for funds, is moving out of the state or country, has non-industrial medical or personal issues creating barriers to settle their workers’ compensation claims, or are unable to complete required treatment due to other priorities. The Claims Examiner will advise the defense attorney if the Applicant falls into this category. The defense attorney should promptly schedule a conference call with the Claims Examiner, Unit Manager and County’s Workers’ Compensation Program Manager to collaborate on a plan of action including the following: • Obtain approval to proceed with resolution from Claims Examiner/County Program Manager; if Applicant is current employee, voluntary resignation will be necessary. • Once agreement is reached with defense attorney, email Claims Examiner, County Program Manager and claims mail. • Prepare and obtain settlement documents and Applicant’s signature on County approved voluntary resignation form where applicable. • File and serve Compromise and Release documents and send back the signed voluntary resignation form to the County’s Program Manager. Both documents shall be secured and sent to the appropriate parties before the defense attorney files with the Workers’ Compensation Appeals Board (WCAB). Please note that only the approved County Voluntary Resignation form will be used. No modifications/substitutions will be acceptable. 3. All C&R settlements exceeding $150,000 per claim must be approved by the County’s Board of Supervisors (BOS) during closed session at a regularly scheduled Board meeting.