HomeMy WebLinkAbout861188.tiff RESOLUTION
RE: APPROVE ASSIGNMENT OF ACTION AGAINST THIRD-PARTY DEFENDANTS
BETWEEN WELD COUNTY AND JAMES A. BRANTNER AND AUTHORIZE
CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Assignment of
Action against Third-Party Defendants between James A. Brantner
and Weld County, arising from injuries sustained by Mr. Brantner
while employed by Weld County, and
WHEREAS, after review, the Board deems it advisable to
approve this Assignment, with the terms and conditions being as
stated in said assignment, a copy of which is attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Assignment of
Action against Third-Party Defendants between James A. Brantner
and Weld County be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said Assignment.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 10th day of
December, A.D. , 1986.
�f BOARD OF COUNTY COMMISSIONERS
ATTEST: a ?ll WELD COUNTY, OLORADO
Weld County Clerk and Recorder
and Clerk to the Board J cqu i J h son Chairman
/
SK CM-o L.t o_- ( G L c r �m
eputy County erk
APPROVED AS TO FORM: Gene R. Bra to
c'41.d� C.4rbY
County Attorney �'/ -/(0(lytt
Fr n� k Yama c i
E 00 a3
Cie . y> . <i� - azi ., 861188
ASSIGNMENT OF ACTION AGAINST THIRD-PARTY DEFENDANTS
THIS ASSIGNMENT, made on this 1st((- day of December, 1986 , by
and between JAMES A. BRANTNER, hereinafter referred to as
"Claimant, " and the Board of County Commissioners of Weld County,
as self-insurer for workmen' s compensation benefits, hereinafter
referred to as "Weld County. "
WITNESSETH:
WHEREAS, Claimant was injured on October 24 , 1984 , in an
accident arising out of and in the course of his employment by
Self-Insured, and therefore, Claimant is entitled to benefits
provided by the Workmen' s Compensation Act of Colorado, and
WHEREAS, Claimant has received compensation benefits by Weld
County pursuant to said Act for said injuries, and
WHEREAS, both Claimant and Weld County are the Defendants in
a case brought against them by United States Fidelity & Guaranty
Company, Plaintiff, Case No. 85-CV-528 , in the Weld District
Court, Division II, and both Claimant and Weld County have brought
third-party actions against A & W Water Service, Inc. , and Dennis
C. Pingel , for injuries and damages resulting from said accident,
and
WHEREAS, Weld County now desires to assign to Claimant Weld
County' s claim for compensation of all worker' s compensation
benefits paid by it for the treatment of Claimant' s injuries in
accordance with the following terms and conditions.
NOW, THEREFORE, in consideration of the premises, it is
hereby agreed by and between Claimant and Self-Insured that:
1. Weld County hereby assigns to Claimant Weld County' s
right pursuant to S8-52-108 , C.R.S. , to collect any and all
worker' s compensation benefits paid by it for the treatment of
Claimant 's injuries resulting from said accident.
2. Claimant agrees to proceed against Third-Party
Defendants in Case No. 85-CV-528 in the Weld District Court for
damages for all injuries he has suffered as a result of the
accident which occurred on October 24 , 1984 , which is the subject
matter of said case, including any and all damages for future
treatment of said injuries.
3. Said assignment is subject to the following terms and
conditions:
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a. In the event recovery is made against Third-Party
Defendants by the Claimant either by way of compromise,
settlement, or suit, Claimant shall hold in trust for the
benefit of Weld County and shall pay to Weld County out of
such recovery a sum equal to all worker' s compensation paid
by Weld County for the treatment of Claimant' s injuries
pursuant to the Workmen' s Compensation Act of Colorado. Said
recovery for worker' s compensation benefits shall be reduced
by any percentage of negligence placed upon Claimant, if any.
b. Claimant shall make no settlement or compromise of
said assigned claim without first obtaining the approval of
Weld County.
c. In the event recovery is made against Third-Party
Defendants by the Claimant, after said claim for
reimbursement of worker' s compensation benefits is paid to
Weld County, Weld County shall be entitled to a credit of the
entire remainder of any sum of money recovered from the
Third-Party Defendants against any further claim for
compensation and medical expense in connection with the
accidental injury on October 24 , '1984.
4. This assignment represents the entire agreement between
the parties hereto and it is agreed that it will not be altered,
nor any of its terms or conditions changed or waived except by
mutual agreement, which shall be in writing and signed by the
parties hereto; no representation made by any employee, attorney,
or agent of either party relating hereto shall be binding upon the
other unless contained in the such further agreement in writing;
nor shall either party bring any suit on this assignment without
first having performed the obligations hereby imposed.
ATTEST: 2n0mn�s1 J BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
Weld County Jerk and Recorder
and Clerk to the Bo
�B t nt ByC� 1Y r
eputy uty County Cl rk air n ,.n4_ �APPR AL: p()
EVEN R. BRISTOL AMES A. BRAN ER
1122 Ninth St. , Suite 205
Greeley, CO 80631
(303) 353-9980
Attorney for James A. Brantner
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