HomeMy WebLinkAboutResolution 3576-01-2008A Resolution
NO 3576-01 2008
AUTHORIZING THE CITY ATTORNEY
TO FILE A LAWSUIT AGAINST VICTOR McKOY
WHEREAS, on December 3 2007 the Division Appeals Panel rendered a
decision in proceedings that were numbered DWC Appeal No 071789 Docket
Number FW 06 155403 02 CC FW46 and styled CITY OF FORT WORTH v
VICTOR W MCKOY
WHEREAS the Appeals Panel upheld a ruling that Defendant's injury of
November 18 2005 extended to include chronic conditions in the right knee and
the Defendant had a disability as a result of the November 18 2005 injury
WHEREAS in that Decision McKoy was awarded worker's compensation
benefits from the City
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH TEXAS
The City Attorney is authorized and directed to take all necessary legal action for judicial
review to recoup medical costs and indemnity (wages paid) as well as seek any other
available judicial remedies in connection with this workers compensation administrative
decision
Adopted thi~s~ 29th day of January 2008
~s
ATTESTW ~~~, r?~~f~
,,.;~ ~.1.-, .~~ r
` ~~~
M~ar~=y;;Hefidr.ix ty;~S~eeretary
~ ~..
'`w. ~ ~` ~ -..
.,~ ~Y
APPROVEDr.AS TO ,F,,ORM AND LEGALITY
~-- A..
Luis E Fierros Assistant City Attorney
APF~OVI:D
CITY COUNCIL
JAN 2 9 2008
1 Y ~ Qx~ ~'^'~
('city Secretary of the
City 0f Fort Worth, Texas
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 1/29/2008 Resolution No 3576-01 2008
DATE Tuesday January 29 2008
LOG NAME 12MCKOY REFERENCE NO **G-16029
SUBJECT
Authorization for the City to File a Lawsuit Against Victor McKoy for Judicial Review of a Final
Decision of the Texas Department of Insurance Division of Workers Compensation
RECOMMENDATION
It is recommended that the City Council
1 Authorize the City Attorney to file a lawsuit against Victor McKoy for judicial review of a worker's
compensation administrative decision and
2. Adopt the attached Resolution authorizing such lawsuit.
DISCUSSION
On December 3 2007 the Division Appeals Panel rendered a decision in proceedings that were numbered
DWC Appeal No 071789 Docket Number FW-06-155403-02-CC-FW46 and styled CITY OF FORT
WORTH v VICTOR W MCKOY The Appeals Panel upheld a ruling that the Defendant's injury of
November 18 2005 extended to include chronic conditions in the right knee and the Defendant had a
disability as a result of the November 18 2005 injury In that Decision McKoy was awarded worker's
compensation benefits from the City This is a suit for a judicial review of a Final Decision of the Division
Approval to file this lawsuit would allow the City to seek recovery of medical costs and indemnity (wages
paid) as well as to seek any other available judicial remedies.
FISCAL {NFORMATION/CERTIFICATION
The Finance Director certifies that funds are available in the current operating budget as appropriated of
the Workers Compensation Fund
TO Fund/Account/Centers
FROM Fund/AccountlCenters
FE73 534600 0147310 .500.00
Submitted for City_Manag_er's Office bX, Joe Paniagua (6191)
Originating Department Head. David Yett (7623)
Gerald Pruitt (7616)
Additional Information Contact: Luis Fierros (7609)
Ron Josselet (7766)
Logname 12MCKOY Page 1 of 1