HomeMy WebLinkAboutResolution 4767-04-2017 A Resolution
NO. 4767-04-2017
AUTHORIZING EMPLOYMENT OF JASON T. MUSIC OF THE
LAW OFFICES OF BURNS, ANDERSON, JURY & BRENNER,
L.L.P., AS OUTSIDE LEGAL COUNSEL TO ASSIST THE CITY
ATTORNEY'S OFFICE IN RELATION TO A CERTAIN
WORKERS' COMPENSATION CLAIM, AND AUTHORIZING
PAYMENT OF COUNSEL FEES IN AN AMOUNT NOT TO
EXCEED $6,500.00
WHEREAS, the City of Fort Worth is self-funded for Workers' Compensation with a third
party administrator processing claims and Assistant City Attorneys generally handling legal disputes;
and
WHEREAS, the assistance of an outside attorney specializing in Workers' Compensation law
is required for a current claim involving more specialized areas of Workers' Compensation law than
the City Attorney's Office currently has; and
WHEREAS, specific needs arise periodically each year where such outside assistance is
required to protect the City's interest regarding its Workers' Compensation program; and
WHEREAS, Jason T. Musick has special competency in the area of Workers' Compensation
claims, and has agreed to assist the City with these issues.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, THAT:
1. The City is authorized to retain Jason T. Musick of the Law Offices of BURNS,
ANDERSON, JURY & BRENNER, L.L.P. as outside counsel under Chapter VI, Section 3 of the City
Chatter, for legal services related to certain Workers' Compensation claims; and
2. The City is authorized to pay counsel fees to Jason T. Musick of the Law Offices of
BURNS, ANDERSON, JURY & BRENNER, L.L.P., in an amount not to exceed $6,500.00, with costs
to be billed to individual claim files as allocated loss adjustment expenses in accordance with Texas law.
Adopted this 11'll day of April, 2017.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/11/2017 - Resolution No. 4767-04-2017
DATE: Tuesday, April 11, 2017 REFERENCE NO.: **G-18982
LOG NAME: 12WORK COMP OUTSIDE ATTORNEY MUSICK
SUBJECT:
Adopt Resolution Authorizing Employment of Jason T. Musick as Outside Counsel for Legal Services
Related to a Certain Workers' Compensation Claim and Authorizing Payment of Counsel Fees in an
Amount Not to Exceed $6,500.00 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached resolution authorizing the employment of Jason T. Musick of the Law Offices of
Burns, Anderson, Jury & Brenner L.L.P., as outside counsel, in accordance with Chapter VI, Section 3 of
the City Charter for legal services related to certain Workers' Compensation claims; and
2. Authorize payment of counsel fees in an amount not to exceed $6,500.00.
DISCUSSION:
The Human Resources Department and the City Attorney's Office have requested that the City retain
Jason T. Musick of the Law Offices of Burns, Anderson, Jury & Brenner L.L.P., for legal services related to
a certain Workers' Compensation claim. Mr. Musick has extensive experience representing Texas
municipalities in Workers' Compensation claims.
The subject 1996 Workers' Compensation claim is now proceeding through the contested case hearing
process before the Texas Department of Insurance, Division of Workers' Compensation. Mr. Musick's law
firm has been retained by CNA to represent the CNA Insurance Company before the Division on claims
that progress through the contested case hearings process. Because they regularly represent CNA in
matters such as this, the Human Resources Department and City Attorney' s Office recommend that Mr.
Musick and the Law Offices of Burns, Anderson, Jury & Brenner L.L.P. represent the CNA Insurance
Company and the City on this single 1996 Workers' Compensation claim. The City of Fort Worth is self-
funded for Workers' Compensation with its claims being processed by a third party administrator. Two
attorneys in the Fort Worth City Attorney' s Office are assigned to represent the City in legal disputes
regarding the eligibility or amount of claims and they handle the majority of all such cases.
Mr. Musick has extensive experience in the field of Workers' Compensation law, having worked in this field
more than 20 years. If approved, Mr. Musick would represent the City on a single claim under the 1996
Contract No. 19404 with Continental Loss Adjusting Services (CLAS) for third party Workers'
Compensation adjusting services. CLAS has since been acquired by the CNA Insurance Company. This
contract provided that CLAS (now CNA) will handle and adjust any claim to conclusion. The contract
further provided that CLAS, with City approval, will prepare for and represent the City before the Texas
Department of Insurance, Division of Workers' Compensation.
Under the laws and regulations governing Workers' Compensation claims in Texas, attorney' s fees are
Logname: 12WORK COMP OUTSIDE ATTORNEY MUSICK Page I of 2
charged against the individual claim files as allocated loss adjustment expenses. If Mr. Musick is engaged
to provide services, his bills will be processed by the City' s third party administrator (CNA) for Workers'
Compensation claims and will be paid for out of the Risk Financing Fund.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as appropriated,
of the Risk Financing Fund. The Fiscal Year 2017 budget includes appropriations in the amount of
$10,148,801.00 for Workers' Compensation claims costs, including all allocated loss adjustment expenses
and legal services. As of March 16, 2017, the year-to-date encumbrances and expenses total
$9,013,959.97; upon approval of the recommendation, remaining funds will be $1,134,841.03.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # Amount
ID ID Year Chartfield 2
60111 0147310 5520211 2017 $6,500.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Sarah Fullenwider (7606)
Additional Information Contact: Harvey Frye (8715)
Logname: 12WORK COMP OUTSIDE ATTORNEY MUSICK Page 2 of 2