- 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 thatPage: 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