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Cif oout s 4 <br />NAMSEY COUNTY, MINNESC7A <br />2401 HIGHWAY 10 <br />MOUNDS VIEW, MINN. 55112 <br />78a0055 <br />June 25, 1982 <br />Mr. Cy Smythe <br />Labor Relations Associates <br />7501 Golden Valley Rd. <br />2nd Floor <br />Golden Valley, MN 55427 <br />Dear Cy: <br />Mr. Chris Weston, a member of our Public Works Department and the <br />49ers, recently filed for worker's Compensation coverage for a <br />period of disability allegedly resulting from an injury incurred <br />while on duty. <br />The claim was forwarded to our insurance company, Western Insurance <br />Companies, for an evaluation of the claim and determination relative <br />to the payment of worker's compensation benefits. My office advised <br />Mr. Weston at that time that Injury on Duty benefits would be paid <br />by the City if it was determined by Western Insurance that it was a <br />valid claim, worker's compensation benefits were paid, and the period <br />of disability exceeded 3 days, copy of letter attached. <br />On April 22, 1982, Western Companies paid Mr. Weston benefits for a <br />period from March 25, 1982, through April 18, 1982, copy of notice <br />attached. On that same date, this office submitted to Mr. Weston <br />his second Worker's Compensation benefit check along with a check <br />from the City reflecting Injury on Duty benefits pursuant to our <br />labor agreement with AFL-CIO Local No. 49. <br />On June 21, 1982, this office received correspondence from Mr. Kirk <br />Newton of Western Insurance indi,:ating that Mr. Weston's claim, <br />which they had previously paid, was now being denied as it was their <br />determination that the disability did not result from a work related <br />injury. Also enclosed with this correspondence, copies attached, <br />was a letter from Mr. Newton to Mr. Weston requesting repayment of <br />the erroneously paid disability benefits. A telephone conversation <br />with Mr. Newton revealed that benefits were originally paid due to <br />the State requirement that benefits be paid within 14 days of notice <br />of injury, which did not allow sufficient opportunity to investigate <br />the claim. Upon completion of their investigation of ,the claim, it <br />was Western Insurance's determination that the disability did not <br />result from a work related injury. <br />