- 13 - Babiskin, and the terms of the settlement agreement were written out by him and incorporated into a consent award. The consent award refers to Mr. Broedel’s early retirement, the withdrawal of disciplinary actions against Mr. Broedel, the withdrawal of Mr. Broedel’s complaints, and a general release to SUNY of “any and all liability arising out of and/or in connection with * * * [Mr. Broedel’s] employment with * * * [SUNY]”. The consent award does not refer to any personal injuries or sickness suffered by Mr. Broedel, nor does it make any allocation of the settlement payments among Mr. Broedel’s various claims. Mr. Panebianco testified that SUNY’s only concern in reaching a settlement with Mr. Broedel was the payment of one and one-half times Mr. Broedel’s annual salary for him to retire and withdraw his complaints. Mr. Lesniak, Mr. Broedel’s union steward, admitted that the payments were made so that Mr. Broedel would retire. Mr. Broedel testified that during the negotiations there was no allocation of the settlement amount among his different claims. Finally, Mr. Babiskin’s affidavit states that the settlement agreement constituted the complete agreement between the parties and that the subject of Mr. Broedel’s health and/or physical condition was not discussed in Mr. Babiskin’s presence. Petitioners have failed to show that SUNY intended any portion of the payments to compensate Mr. Broedel for personal injuries or sickness based upon tort or tort type rights.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011