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<br />CITY OF NORTH OLMSTED <br />RESOLUTION NO. 2004 -172 <br />BY: Mayor Musial <br />A RESOL UTION A UTHORIZING THE DIRECTOR OF LA W TO CONSENT <br />TO A SETTLEMENT AGREEMENT BETWEEN DANA JOYCE AND THE <br />ADMINISTRATOR OF THE OHIO BUREAU OF WORKERS' <br />COMPENSATION, AND DECLARING AN EMERGENCY. <br />WHEREAS, on December 27, 2002, Dana Joyce sustained an injury arising out of and <br />within the course and scope of her employment as a North Olmsted Municipal Bus Line ciriver; <br />and <br />WHEREAS, Dana Joyce filed Worker's Compensation Claim No. 02-481631, which was <br />administratively denied by the Administrator on July 31, 2003; and <br />WHEREAS, said claim was appealed to Common Pleas Court, assigned Case No. CV 03 <br />504258, and on September 29, 2004 the Court held that Plaintiff presented a compensable injury <br />under Ohio Revised Code Section 4123A1(C)(1); and <br />WHEREAS, the Ohio Attorney General has, on behalf of the Ohio Bureau of Workers' <br />Compensation, recommended settlement of the above claim in the amount of Ten Thousand <br />($10,000.00) Dollars to be paid by the Administrator on behalf of the State of Ohio and then, <br />with the consent of the City, to be added to the experience rating, thereby increasing the future <br />premiums paid by the City of North Olmsted in an amount that will exceed Two Thousand <br />Dollars ($2,000), which is the limit of the Director of Law's settlement authority granted by this <br />Council under Ordinance No. 2004-01; and <br />WHEREAS, it is the desire of this Council to authorize the Director of Law to consent to <br />the above Settlement Agreement and to execute any necessary and appropriate administrative <br />and judicial entries to evidence the City's consent; <br />NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORTH <br />OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: <br />SECTION 1: That the Director of Law is hereby authorized to consent to a Settlement <br />Agreement by and between Dana Joyce and the Administrator of the Bureau of Warkers' <br />Compensation, in Cuyahoga County Common Pleas Case No. CV 03 504258, in the amount of Ten <br />Thousand ($10,000.00) Dollars, and is further authorized to execute administrative and judicial <br />joumal entries or documents necessary to enter into said Settlement Agreement, in such form as <br />deemed acceptable and approved by the Director of Law.