Norman L. and Catherine J. Forste - Page 32

                                       - 32 -                                         
          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                      








Page:  Previous  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  Next

Last modified: May 25, 2011