HomeMy WebLinkAboutResolution 4442-05-2015 {
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A Resolution
NO. 4442-05-2015 {
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AUTHORIZING EMPLOYMENT OF RICKY GREEN OF THE LAW
OFFICES OF RICKY GREEN, PLLC, AS OUTSIDE LEGAL COUNSEL
TO ASSIST THE CITY ATTORNEY'S OFFICE IN ADVISING THE
HUMAN RESOURCES DEPARTMENT AND REPRESENTING THE
CITY IN CERTAIN WORKERS COMPENSATION CLAIMS, AND
AUTHORIZING PAYMENT OF COUNSEL FEES IN AN AMOUNT j
NOT TO EXCEED $25,000.00 PER YEAR
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 j
WHEREAS, the assistance of an outside attorney specializing in workers compensation law is
required in those claims involving more obscure areas of workers compensation law and those were
members of the City Attorney's Office are disqualified as a result of a conflict of interest; 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, Ricky Green has special competency in the area of workers compensation claims,
and has agreed to assist the City with these issues.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE I
CITY OF FORT WORTH, TEXAS, THAT:
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1. The City is authorized to retain Ricky Green of the Law Offices of Ricky
Green, PLLC, as outside counsel under Chapter VI, Section 3 of the City
Charter, for legal services related to certain workers compensation claims;
and
2. The City is authorized to pay counsel fees to Ricky Green of the Law
Offices of Ricky Green, PLLC, in an amount not to exceed $25,000.00
per year, with costs to be billed to individual claims files as allocated
loss adjustment expenses in accordance with Texas law.
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Adopted this 5th day of May, 2015. 4c�'� � .' i
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ORT WORT
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City of Fort Worth, Texas
Mayor and Council Communication
'COUNCIL ACTION: Approved:on 5/5/2015 Resoaution,No: 4442 05 2 a'
DATE: Tuesday, May 05, 2015 REFERENCE NO.: **C-27275
LOG NAME: 12WORKERS COMP OUTSIDE ATTORNEY j
SUBJECT:
Adopt Resolution Authorizing Employment of Ricky Green as Outside Counsel for Legal Services Related
to Certain Workers Compensation Claims and Authorizing Payment of Counsel Fees in an Amount Not to
Exceed $25,000.00 Per Year (ALL COUNCIL DISTRICTS)
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RECOMMENDATION:
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It is recommended that the City Council adopt the attached resolution authorizing the employment of Ricky
Green of the Law Offices of Ricky Green, PLLC, as outside counsel, in accordance with Chapter VI,
Section 3 of the City Charter for legal services related to certain workers compensation claims, and i
authorizing payment of counsel fees in an amount not to exceed $25,000.00 per year.
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DISCUSSION:
The Human Resources Department and the City Attorney's Office have requested that the City retain
Ricky Green of the Law Offices of Ricky Green, PLLC, for legal services related to certain workers
compensation claims. Mr. Green has extensive experience representing municipalities in workers
compensation claims.
The City of Fort Worth is self-funded for workers compensation with its claims being processed by a third
party administrator. Three 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.
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A relatively small number of workers compensation claims involve less-used areas of the law that require
more highly specialized knowledge. For example, Texas law presumes that certain diseases are the
result of a person's employment, and when the circumstances indicate the disease was caused by some i
condition other than the person's work environment, the burden shifts to the City to establish evidence to
refute that presumption. Because these specialized claims involve less-common areas of the law and
different standards of proof, attorneys who specialize in workers compensation law are needed to
represent the City's interests. In addition, some cases involve a conflict of interest, such as when a
workers compensation claim is filed by a member of the City Attorney's Office or a relative of assigned
attorneys. When such a conflict prevents the City's in-house attorneys from handling the cases, the
assistance of an outside attorney is required.
Mr. Green has extensive experience in the field of workers compensation law having worked in the area
for 15 or more years. He has previously provided the City with similar representation, and both the
Human Resources Department and the City Attorney's Office have been satisfied with his service.
Under the laws and regulations governing workers compensation claims in Texas, attorneys' fees are
charged against the individual claim files as allocated loss adjustment expenses. If Mr. Green is engaged !
to provide services, his bills will be processed by the City's third party administrator for workers ;
Logname: 12WORKERS COMP OUTSIDE ATTORNEY Pagel of 2
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compensation claims and will be paid for out of the Workers Compensation Fund.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Workers Compensation Fund. The Fiscal Year 2015 budget included
appropriations in the amount of$10,274,510.00 for all workers compensation claims costs, including all
allocated loss adjustment expenses, which include legal services. As of April 7, 2015, the Fund has year-
to-date expenses totaling $4,711,620.72; upon approval of the recommendation, remaining funds will be
$5,527,889.28.
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FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
FE73 534600 0147310 $25,000.00
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CERTIFICATIONS:
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Submitted for City Manager's Office by_ Susan Alanis (8180)
Originating Department Head: Sarah Fullenwider (7606) 4
Gerald Pruitt (7616)
Additional Information Contact: Denis McElroy (2758)
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Logname: 12WORKERS COMP OUTSIDE ATTORNEY Page 2 of 2 j