HomeMy WebLinkAboutResolution 4496-08-2015 A Resolution
NO. 4496-08-2015
RATIFYING THE LAWSUIT ENTITLED CITY OFF WORTH V. FRED LEE,
CAUSE NO. CV 15-0747, 43RD DISTRICT COURT, PARKER COUNTY, TEXAS
WHEREAS, on December 17, 2012, former City employee Fred Lee was injured in an
automobile accident while on the job; and
WHEREAS, Mr. Lee filed for Workers' Compensation. benefits as a result of this accident; and
WHEREAS, on March 4, 2015, a Rearing Officer detennined. Mr. Lee suffered significant
permanent irripainnent and disability as a result of this accident; and
WHEREAS, the City appealed the 1-fearing Of determination. to the Division of Workers'
C,ompensation.Appeals Panel; and
WHEREAS, the Division of Workers' Compensation Appeals Panel upheld the decision oft e
flew-ing Officer on May 21, 2015; and
WHEREAS, Texas Labor Code Section.4100251 allows appeal of a fi nal Appeals Panel decision
by seeking judicial review in District Court; and
WHEREAS, "Texas Labor Code Section 410.252 requires such appeal to be filed by the 4501 day
following the mailing of the Appeals Panel Decision; and
WHEREAS, on July 6, 2016, the City of Fort Worth filed suit seeking judicial. review of the
decision of the Division of Workers' Compensation Appeals Panel;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS, THAT:
The riling of the lawsuit against Fred. Lee (Cause No. CV150747), 43rd District Court, Parker
County is ratified.
Adopted. this 41' day of Au.1yu iFOAIrIQ4Z�
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 8/4/2015 - Resolution No. 4496-08-2015
DATE: Tuesday, August 04, 2015 REFERENCE NO.: **G-18523
LOG NAME: 12FREDLEEJUDICIALREVIEW
SUBJECT:
Adopt Resolution Ratifying the Lawsuit Entitled City of Fort Worth v. Fred Lee, Cause No. CV1 5-0747, in
the 43rd District, Court of Parker County, Texas (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution ratifying the lawsuit entitled City of
Fort Worth v., Fred Lee, Cause No. CV1 5-0747, in the 43rd District Court of Parker, County, Texas.
... ............. ......
DISCUSSION:
On December 17, 2012, former City of Fort Worth (City) employee Fred Lee was injured in an automobile
accident while on the job and filed for Workers' Compensation benefits,
On March 4, 2015, a Hearing Officer determined Mr.. Lee suffered significant permanent impairment and
disability as a result of this accident. The City disagreed and appealed the Hearing Officer's determination
to the Division of Workers' Compensation Appeals Panel.,
On May 21, 2015, the Appeals Panel upheld the determination of the Hearing Officer.
Pursuant to Texas Labor Code Section 410.251, a party in disagreement with a final Appeals Panel
decision may appeal by seeking judicial review in a District Court located in the county of the employee's
residence. Texas Labor Code Section 410.252 requires such appeal to be filed by the 45th day following
the mailing of the Appeals Panel Decision.
On July 6, 2015, within the statutory deadline, the City filed suit seeking judicial review of the decision of
the Division of Workers' Compensation Appeals Panel, That suit, styled City of Fort Worth v. Fred Lee, is
Cause No. CV1 5-0747, in the 43rd District Court of Parker County, Texas.
............ ..........
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. There is currently an amount of
$10,274,510.00 allocated in the budget for services related,to this type of activity, with an amount of
$7,641,359.49 already encumbered and expended. As of July 16, 2015, there is an available balance of
$2,633,150.51 in the fund.
FUND CENTERS:
TO Fund/Acco-unt/Centers
1,ognanie: 12FRFDLEER..JT)ICIAI.,.Rl.,"V'IEW Page I oft
FROM Fund/Account/Centers
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—F-�73 �5 3 f,1 0147310 $10,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Sarah Fullenwider (7623)
Additional Information Contact: Stephen Cumbie (6799)
Logname: 12FREDLEEJUDICIALREVIEW Page 2 of 2