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-2- <br />paid as a result of the Western Insurance Company's payment for <br />disability benefits which was later determined to be in error. <br />Mr. Smythe, in a letter dated July 7, 1982, copy attached, indicates <br />that it is his recommendation that the City should deny the injury <br />on duty payments and recover such payments from the employee's sick <br />leave bank or accumulated vacation: <br />Staff is aware that Mr. Weston is presently appealing the determina- <br />tion of Western Insurance Companies regarding their denial of his <br />claim, however, we feel that Mr. Weston should be further advised <br />of the City's position in this matter regarding the payment of <br />injury on duty benefits. For this reason, staff would request <br />Council direction in this matter regarding your desire to either <br />require the repayment of these benefits based upon the determination <br />of West,= Insurance Companies that the disability did not result <br />from an injury incurred on duty or to allow for Mr. Weston to retain <br />these payments which would establish a somewhat dangerous precedent <br />for all future injury on duty claims, especially those which might <br />be false claims. <br />Staff would appreciate Council direction in this matter. <br />DFP/pf <br />Attachments <br />l <br />