NUMB:
991678
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution authorizing cancellation of a portion of the City of Milwaukee's subrogation claim against Kathleen Powalisz, for payments made pursuant to the City's Basic Health Plan.
ANLS:
________________________________________________
-Analysis-
This resolution authorizes cancellation of a portion of the City of Milwaukee's subrogation claim against Kathleen Powalisz, for payments made pursuant to the City's Basic Health Plan. ________________________________________________
BODY:
Whereas, Kathleen Powalisz commenced a worker's compensation action against Midwest Airlines with respect to injuries allegedly sustained during the scope of her employment with Midwest Express Airlines on August 24, 1997; and
Whereas, As a result of the injuries allegedly sustained in connection with the worker's compensation claim, the City of Milwaukee has made payments on behalf of Kathleen Powalisz for medical care and treatment pursuant to its Basic Health Plan in the amount of $37,153.54; and
Whereas, The City has a subrogation claim against Kathleen Powalisz as a result of such payments; and
Whereas, Kathleen Powalisz has offered to settle this subrogation claim for $5,000.00, and the difference between the original claim and the settlement is $32,153.54; and
Whereas,This settlement reflects the legal liability of the parties and is a fair and equitable resolution of the City of Milwaukee's subrogation claim; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the subrogation claim of the City of Milwaukee against Kathleen Powalisz arising out of her worker's compensation claim against Midwest Express Airlines is hereby cancelled in the amount of $32,153.54, and the City Attorney is authorized and directed to enter into a release and settlement of said claim.
DFTR:
City Atty.
EHT
2/14/00
28096