Adopt a resolution authorizing the San Mateo County Risk Manager to execute the Memorandum of Understanding, resolving issues and determining responsibility for certain workers’ compensation claims filed by Court employees prior to the end of the Court’s participation in San Mateo County’s workers’ compensation program on June 30, 2003.
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In accordance with the Court’s transition to state control, their participation in the County’s workers’ compensation program ended on June 30, 2003. At the time of termination, the County had 750 open claims involving Court employees. Twenty-five claims remain open with future liability from this point forward estimated at $373,236.72 (reserves). The Memorandum of Understanding provides a fair and equitable mechanism for resolving future responsibility of these claims.
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Under this Memorandum of Understanding (MOU), San Mateo County agrees to remain responsible for 11 open claims filed before January 1, 2001, future liability estimated at $92,604.92; and the Administrative Office of the Courts agrees to take responsibility for 14 open claims filed on or after January 1, 2001, future liability estimated at $280,631.80.
The terms of this MOU are similar to MOU’s signed between the Administrative Office of the Courts and Santa Cruz County, Marin County, and Contra Costa County, all of which were modeled upon the methodology developed by the Administrative Office of the Courts and Santa Clara County for application in Santa Clara County.
A review of the totality of circumstances, including the cost to the County to otherwise litigate these issues, and the County’s obligation to continue paying on the 14 claims to be assumed by the Administrative Office of the Courts, support the County’s execution of this agreement.
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