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reflect DHS’s intentions to settle any workers’ compensation claims.
DHS’s first proposal offers $25,130 per year as retirement
income under the terms of section 4(a) of the director’s
agreement. Mr. Forste’s handwritten changes propose $25,130 per
year as disability retirement income under section 4(d) of the
director’s agreement. DHS rejected this. Mr. Forste then
proposed $25,130 per year “In settlement of all claims arising
from the severance of my employment with DH&S” and $25,130 per
year “In settlement of all claims for personal injuries and/or
damages arising from my termination of employment with DH&S”.
DHS chose the latter language. Subsequent drafts from DHS use
the “personal injury” language in paragraph 1. One of those
drafts from DHS also proposed the following language in paragraph
1: “It is expressly understood that the above payment is made to
compromise and release what are substantial tort claims being
made against DH&S by me.” Mr. Forste crossed out this provision
in DHS’s draft. Paragraph 2 of the same draft begins: “In
addition, as compensation for other non-tort claims and
entitlements, DH&S agrees to provide me with:”.
In DHS’s final draft proposal, which encompasses the amount
of compensation ultimately used in the final settlement, DHS
proposed that the $25,130 to be paid to Mr. Forste be in
settlement for personal injuries. All the drafts that
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