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CC – Item 4A – Authorization to Reject Claim Against City of Whittier Union School District 5 E M \o\,. stat f,eport TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: NANCY VALDERRAMA, CITY CLERK 9 DATE: SEPTEMBER 2, 1998 RE: AUTHORIZATION TO REJECT CLAIM AGAINST THE CITY WHITTLER UNION SCHOOL DISTRICT The attached claim was received in this office on August 19, 1998. A copy was sent to the City's claims adjuster, Carl Warren & Company on the same day. Carl Warren & Company sent a notice on August 24, 1998, recommending that this claim be rejected by the City. RECOMMENDATION It is recommended that the City Council approve the rejection of this claim and authorize a letter of rejection be sent to the claimant. :nv COUNCIL AGENDA ,'gmd. SEP 08 1998 ITEM No. �. Cd-4 • I �JJJ RECEIVED CITY OF ROSEMEAD August 24. 1998 AUG 2 61998 CIN CLERKS OFFICE TO: City of Rosemead .ATTENTION: Nancy Valderrama, City Clerk RE: Claim Whittier USD V. City of Rosemead Claimant Whinier Union High School District D/Event 01-Apr-98 Reed Y/Office : 18-Aug-98 Our File S-100065-SWQ We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent.as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY 7 Dwight J.Kunz cc: C.1PIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANACEMENT.CLAIMS ADJUSTERS 750 The City Drive•Ste 400•Orange,CA 92868 Mail: P.O. Box 25180•Santa Ana, Ca 92799-5180 Phone:(714)740-7999 Ext. 140•(800)572-6900•Fax:(714)740-9412 • 16- vy FJCS C 1.1 POSCSimead MAYDA PRO TEM SAM couxouneuseFs.. war, 6E36 E. VALLEY CALIFORNIARD-P.O. PDX 399 3IMF' IAL ROSEMEAD. LIFORI9'070 JA v mr[9i°� TELEPHONE(G25)288-6071 anavn 15Y`OA. FAX 1629)3079216 August 19, 1998 Dwight J. Kunz Senior Account Manager 750 The City Drive, Suite 400 Orange, CA 92668 RE: LORRAINE SAWYER-WHITTIER UNION HIGH SCHOOL DISTRICT Dear Mr. Kunz: The attached claim was received on .August 18, 1998. The City does not have any prior information on this claim. Please advise as to the steps you wish to take in this matter. Sincerely, NANCY VALDERRAMA City Clerk Attachment cc: City Attorney [la llms:.di lml 19 '99 _: :254M 714 740 7050 CheittineA wager WOGEE, HAGNER & HUDES of cawvaL Foye R Bogner Ening Nudes A Pro/hebnal Lew Corporation Myra RaoeE,aty Helen S. Mier Lupe G. Morale.. 770 The Cloy Drive Sowh, Suite 5700 Telephone John C. Cyprian Orange, Calf mb 92888 /714 700-7050 Raymond J. 8ordelon Fee:Wig A'O'C. Moore 101700.7056 August 18, 1998 RECEIVECC CITY OF ROSEMEAD City of Rosemead AUG 191998 8838 East Valley Boulevard Rosemead, California 91770-1714 CITY CLERK'S OFFICE Attention : Nancy Valderrama, City Clerk SENT VIA FAC IMILE TRANSMISSION_ AND U.S. MAIL, CERTIFIED MAIL-RETURN RECEIPT REQUESTED RE : Lorraine M. Sawyer vs . Whittier Union High School District Subrogation Claim of Whittier Union High School District Claim Number 97-0075 Date of Injury : April 1 , 1998 Dear Ms . Valderrama: Please . be advised our office has been retained by Whittier Union High School District to enforce their subrogation rights for workers ' compensation benefits paid as a result of a slip and fall/industrial injury occurring to their employee, Lorraine Sawyer . This letter will serve as a claim to be presented on behalf of Whittier Union High School District pursuant to California Government ode Section 910. TO: CITY OF ROSEMEAD: Name of Claimant: WHITTIER UNION HIGH SCHOOL DISTRICT 9401 South Painter Avenue Whittier, CA 90605 NAME AND ADDRESS WHERE CLAIMANT DESIRES NOTICES OR COMMUNICATIONS TO BE SENT REGARDING THIS CLAIM: LAW OFF?CES OF WOGEE, HAGNER & HUDES Attention: Erving Hudes 770 The City Drive South Suite 5700 Orange, California 92868 Telephone : (714 ) 7409-7050 Facsimile : (714 ) 740-7056 RUG :9 '99 11 :25Gn 714 :40 7050 F.2 CITY OF ROSEMEAD Lorraine M. Sawyer vs . Whittier Union High School District August 18, 1998 Page 2 THE DATE, PLACE AND OTHER CIRCUMSTANCES OF OCCURRENCE WHICH GIVE RISE TO THE CLAIM ASSERTED; On April 1 , 1998, Lorraine Sawyer was employed by Whittier Union High School District as a teacher . Lorraine Sawyer was proceeding from the parking lot located adjacent to the Southern California Edison Building located at 2244 Walnut Grove in the City of Rosemead. At that time, Lorraine Sawyer stumbled on an uneven portion of the pavement along the sidewalk . She fell onto her outstretched hands and forearms, causing her injuries . DATE DAMAGE AND INJURY OCCURRED: This injury occurred on April 1 , 1998 at 11 : 00 A.M. PLACE WHERE DAMAGE AND INJURY OCCURRED: The damage and injury occurred on the sidewalk adjacent to the Southern California Edison buildings located at 2244 Walnut Grove in the City of Rosemead. ACT OR OMISSION BY CITY OF ROSEMEAD TO CAUSE INJURY AND DAMAGE: The City of Rosemead had actual and constructive notice of the unsafe, defective and dangerous condition present upon the sidewalk and in particular, the dangerous, unsafe and defective condition of said sidewalk where Ms . Sawyer had her accident . The City of Rosemead was negligent in not warning Lorraine Sawyer and Whittier Union High School District of this apparent danger. The City of Rosemead knew, or in the exercise of ordinary care, should have known of the dangerous, defective and unsafe condition of the premises where Ms . Sawyer had her accident . THE NAME OF PUBLIC EMPLOYEES CAUSING THE INJURY AND DAMAGE: This claimant does not know the names of those particular public employees who caused the injury or damage to Whittier Union High School District and Lorraine Sawyer . THE DAMAGE AND INJURIES CLAIMED: Whittier Union High School District is making a claim for reimbursement of all worker's compensation benefits paid on behalf of Lorraine Sawyer and all damages pursuant to Labor Code Section 3850, et seq. As of July 30, 1998, $17 , 410 . 79 has been in workers' compensation benefits . Medical benefits, including rehabilitation services, have been paid on behalf of R'J. :8 '98 11:05R8 714 740 7850 CITY OF ROSEMEAD Lorraine M. Sawyer vs . Whittier Union High School District August 18 , 1998 Page 3 Lorraine Sawyer in the sum of $11 , 110 . 79 . Salary continuation benefits have been paid to Lorraine Sawyer in the sum of $6, 300 as of July 30, 1998. The workers' compensation case of Lorraine Sawyer is ongoing and benefits are continuing. As a result of this slip and fall , Ms . Sawyer suffered fractures to both elbows , with the left elbow fracture being more significant than the right elbow. Lorraine Sawyer underwent open reduction surgery to both elbows on April 4, 1998 . A small fragment screw was inserted in the right elbow. A plate and screws were utilized in the left elbow. Ms . Sawyer's treating doctor is Hose Kim, M.D. , Diplomate American Board of Orthopaedic Surgery, 7205 Greenleaf Avenue, Suite B, Whittier, CA 90602 . His phone number is (562 ) 945-8873 . TOTAL CLAIMED DAMAGES : Whittier Union High School District' s claim certainly exceeds $10, 000, and currently stands at $17, 410 . 79 . The workers' compensation benefits being paid to Lorraine Sawyer are continuing , and Whittier Union High School District is unable to determine at this time the amount to be paid to Lorraine Sawyer . The jurisdiction over this claim would rest with the Superior Court . As stated earlier in this correspondence, please send any notices, inquiries or any communications arising out of this claim to the undersigned . May I please receive a reply to this claim within forty—five (45 ) days from the date of this correspondence . Very truly yours , WOG 1AGNER & HUDES A P essional Corporatpton ERVINGH S' EH: tm cc: Colen and Lee, Attention: Edith Newcomb DICTATED BUT NOT READ