CONTRACT 3566 Settlement Agreement3 5 6 6 - :71
SETTLEMENT AND MUTUAL GENERAL RELEASE AGREEMENT
1. This Settlement and Mutual General Release Agreement ( "AGREEMENT ") is made
and executed as of January 24, 2006, by and between PATRICIA BRESSI ( "BRESSI "), on the one
hand, and the CITY OF EL SEGUNDO ( "CITY "), CONCENTRA HEALTH SERVICES, INC., a
Nevada corporation, ( "CONCENTRA "), and OCCU -MED, INC., a Delaware corporation,
( "OCCU- MED "), on the other, with reference to the following facts and circumstances:
(a) Prior to January 2002, CITY contracted with OCCU -MED to design and
create pre - employment medical examination profiles for various CITY positions. OCCU -MED
designed, created and prepared pre - employment medical examination profiles for various CITY
positions and delivered same to CONCENTRA. Pursuant thereto, CONCENTRA administered
post -offer pre - employment medical examinations ( BRESSI disputes that the pre - employment
medical examination she received was post- offer) to prospective CITY employees and reported
the results thereof to OCCU -MED. Following receipt of the examination results, OCCU -MED
advised the CITY whether the prospective employee was medically qualified for the subject
position.
(b) In January 2002, in accordance with CITY procedures, BRESSI
underwent a pre - employment medical examination for a CITY library assistant — part- time /no
benefits reference desk position at CONCENTRA. The medical examination profile for this
position was designed and created by OCCU -MED. Following receipt of her examination
results, OCCU -MED informed the CITY that BRESSI was medically qualified for the position
of part time library assistant. Thereafter, BRESSI was employed by the CITY as a part time
library assistant and worked in that capacity until July 2002, when her CITY employment ended.
(c) Disputes have arisen between BRESSI, on the one hand, and the CITY,
CONCENTRA and OCCU -MED on the other ( "DISPUTES ") reflected in two (2) actions filed
by BRESSI in the Superior Court of California, Los Angeles County, entitled "Pat Bressi v. City
of El Segundo, City Council and City Manager of the City of El Segundo, Concentra Health
Services Inc., Occu -Med, Inc. and Does 1 through 20, inclusive" and numbered as BC 288292
9000 - 002/9000 -003 Page 1 of 21
3566•,,,1
( "Bressi I") and "Pat Bressi v City of El Segundo Concentra Health Services, Inc., OCCU-
MED INC Dina Cramer, and Does 1 through 20 inclusive," and numbered as BC 288293
( "Bressi II ") (collectively "CIVIL ACTIONS "; Dina Cramer is hereafter referred to as
"CRAMER ").
(d) BRESSI, CITY, CONCENTRA and OCCU -MED are collectively referred
to herein as "Parties."
(e) The Parties understand that these DISPUTES and the CIVIL ACTIONS
are for money damages, equitable and other relief and relate to BRESSI's allegations, among
other things, that her privacy and civil rights were violated in conjunction with her pre-
employment medical examination, that she protested against these violations and that she was
retaliated against and wrongfully terminated. The purpose of this AGREEMENT is to fully,
finally and comprehensively settle the DISPUTES and the CIVIL ACTIONS and to release fully
and completely all the claims that BRESSI now has or has ever had, individually or collectively,
conjunctively and disjunctively, against CITY, its employee, CONCENTRA and OCCU -MED,
including without limitation any of its and their related and affiliated entities, clinics, current and
former elected and appointed officials, employees, officers, directors and representatives, so as to
allow CITY, its employee, CONCENTRA and OCCU -MED to continue their pursuits having
fully, finally, comprehensively and conclusively resolved the DISPUTES, the CIVIL ACTIONS
and all the underlying contentions and allegations.
2. WHEREFORE, in full and complete settlement of the DISPUTES and the CIVIL
ACTIONS, the Parties agree as follows:
A. The DISPUTES and the CIVIL ACTION.
MONETARY CONSIDERATIONS:
(1) CITY shall cause to be paid to BRESSI the sum of $110,000.00 within
ten (10) days of the EFFECTIVE DATE of this AGREEMENT. These settlement funds shall be
payable to "DALE M. FIOLA, ATTORNEY AT LAW, IN TRUST FOR PATRICIA BRESSI"
and shall be in full satisfaction and settlement of all of BRESSI's claims (as defined in ¶3 below)
9000 - 002/9000 -003 Page 2 of 21
against the CITY and CRAMER, individually or collectively, conjunctively and disjunctively.
This payment shall be accompanied by a release, originally executed by Dina Cramer, in favor of
BRESSI in the form of Exhibit "C ", hereto.
(2) CONCENTRA shall cause to be paid to BRESSI the sum of
$60,000.00 within ten (10) days of the EFFECTIVE DATE of this AGREEMENT. These
settlement funds shall be payable to "DALE M. FIOLA, ATTORNEY AT LAW, IN TRUST
FOR PATRICIA BRESSI" and shall be in full satisfaction and settlement of all of BRESSI's
claims (as defined in ¶3 below) against CONCENTRA, individually or collectively,
conjunctively and disjunctively.
(3) OCCU -MED shall cause to be paid to BRESSI $75,000.00 within ten
(10) days of the EFFECTIVE DATE of this AGREEMENT. These settlement funds shall be
payable to "DALE M. FIOLA, ATTORNEY AT LAW, IN TRUST FOR PATRICIA BRESSI"
and shall be in full satisfaction and settlement of all of BRESSI's claims (as defined in ¶3 below)
against OCCU -MED, individually or collectively, conjunctively and disjunctively.
NON - MONETARY CONSIDERATIONS
(4) Concurrent with the payment referenced in 2(A)(1) above, CITY shall
provide to BRESSI the original of the letter that is Exhibit "A" hereto signed by the Mayor and
provide a separate letter solely confirming her dates of employment (1/28/02 — 7/17/02).
(5) Concurrent with the receipt of the payment referenced in 2(A)(1)
above, BRESSI shall provide to CITY the original of the letter of resignation, executed by
Bressi, that is Exhibit `B" hereto and CITY shall place said executed resignation letter in its
personnel file respecting BRESSI, revise all references therein from involuntary termination to
voluntary resignation and remove her July 2002 City of El Segundo Employee Performance
Review.
(6) BRESSI shall provide to CITY, CONCENTRA, CRAMER and
OCCU -MED an executed dismissal with prejudice of the CIVIL ACTIONS within fifteen (15)
business days after the EFFECTIVE DATE of this AGREEMENT.
9000 - 002/9000 -003 Page 3 of 21
3 E. "
�., ,,
B. Attorneys' Fees and Costs.
The Parties shall each bear their own attorneys' fees and costs incurred in
connection with the DISPUTES, the CIVIL ACTIONS and this AGREEMENT.
3. Upon performance of the covenants set forth in paragraph 2, BRESSI, on one
hand, and the CITY, CONCENTRA and OCCU -MED, on the other, hereby absolutely and
forever release and discharge the other, individually and collectively, conjunctively and
disjunctively, together with all of their affiliated and related entities, their respective elected and
appointed officials, officers, directors, agents, representatives, employees (including without
limitation CRAMER), attorneys, and assigns, and each of them, and all persons and entities
acting by, through, under, or in concert with any of them, and each of them, of and from any and
all claims, rights, demands, complaints, covenants, agreements, contracts, representations,
warranties, promises, liens, accounts, debts, torts, liabilities, expectancies, damages, wages,
benefits, expenses, employment discrimination claims, attorney fees, costs and causes of action
of every kind and nature including, without limitation and merely by way of reference, claims for
violation of the California Fair Employment & Housing Act (California Gov't Code § §12900 et
seq.), violation of 42 U.S.C. §1983, invasion of privacy, violation of the California
Confidentiality of Medical Information Act (California Civil Code §§ 56 et seq.), violation of
the First and Fourth Amendments to the U.S. Constitution, wrongful termination, intentional
infliction of emotional distress, malicious prosecution, abuse of process and the award of
attorneys fees against BRESSI, whether known or unknown, suspected or unsuspected,
anticipated or unanticipated; at law or in equity, which each party now has or has ever had,
relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing
which was done, omitted to be done, occurred or was in effect at any time from the beginning of
time through and including the EFFECTIVE DATE of this AGREEMENT (hereinafter
collectively referred to as CLAIMS) against the other, or any of the releasees named herein,
jointly and severally, directly and indirectly, arising out of the DISPUTES, the CIVIL
ACTIONS, and the bringing and maintaining of the DISPUTES and the CIVIL ACTIONS. In
9000 - 002/9000 -003 Page 4 of 21
3666 • . .
this connection, each party hereby waives and releases any rights which she or it may have,
directly or indirectly, against the other jointly or severally, conjunctively and disjunctively, under
the provisions of California Civil Code section 1542, or any similar law of any state or
jurisdiction, which reads in sum, substance or substantial part as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.
The Parties acknowledge that the facts with respect to which they give each other this release
may turn out to be different from the facts they now believe to be true. The Parties hereby
assume the risk of the facts turning out to be different and agree that this AGREEMENT shall in
all respects be effective and not subject to termination or rescission because of any such
difference in facts.
4. The "EFFECTIVE DATE" of this AGREEMENT shall be the first business day
after all parties have signed the AGREEMENT and seven (7) days have passed since BRESSI's
execution.
5. CITY agrees that, consistent with legal requirements, it will expressly require, by
written notification to its service providers, that CITY related pre - employment medical
examination profiles be revised to expressly prohibit the use of laboratory tests that would result
in testing for sexually transmitted diseases including syphilis. CONCENTRA and OCCU -MED
agree that they will review and revise their forms and procedures, as necessary, to insure
compliance with all laws including, without limitation, the California Confidentiality of Medical
Information Act (e.g. see Attachments D and E).
6. The Parties understand and expressly agree that the consideration being given and
exchanged pursuant hereto is being given and exchanged to compromise disputed claims and that
the entry into and performance of this AGREEMENT, including said exchange of consideration,
is not intended as and shall not be considered or asserted to be any admission of liability or of
9000 - 002/9000 -003 Page 5 of 21
3F66. 77
the validity or invalidity of any of BRESSI's position (s) or contention(s). CITY, CONCENTRA
and OCCU -MED deny that they have any liability to BRESSI, jointly or individually, and assert
that this AGREEMENT and the consideration exchanged hereby and action taken pursuant
hereto are done solely and exclusively to avoid further expense of litigation and buy their peace.
7. BRESSI hereby covenants and warrants that she owns and has not assigned nor
sold any of her CLAIMS released hereby and hereby agrees to indemnify and hold CITY,
CONCENTRA and OCCU -MED, and all of their affiliated and related entities, elected and
appointed officials, officers, directors, agents, representatives, and/or employees harmless as
against any claim, debt, liability, demand, obligation, cost, expense, suit, action, or cause of
action based on, relating to, arising out of, or in connection with any transfer or assignment or
purported transfer or assignment of her CLAIMS.
BRESSI hereby represents and warrants that, except for the CIVIL ACTIONS,
she has not filed nor will she file in the future any complaint, charge, claim, legal action, or
proceeding arising out of the DISPUTES, the CIVIL ACTIONS or her CLAIMS released hereby
with any court, agency, board, hearing officer or tribunal against CITY, CONCENTRA and/or
OCCU -MED or any of its and their affiliated and related entities, clinics, or elected or appointed
officials, directors, officers, representatives, agents, attorneys, employees, or other persons acting
on their behalf.
9. BRESSI represents that she has been represented in the CIVIL ACTIONS and in
connection with the negotiation and drafting of this AGREEMENT by Dale M. Fiola of
Anaheim, California, who is an attorney at law of her own choosing. BRESSI has read this
AGREEMENT and has had the terms used herein and the consequences thereof explained by her
above -named attorney of choice.
10. CITY represents that it has been represented in the CIVIL ACTIONS and in
connection with the negotiation and drafting of this AGREEMENT by Bridges & Bridges of
Pasadena, California, who are attorneys at law of its own choosing. CITY has read this
9000 - 002/9000 -003 Page 6 of 21
3566..Y:!
AGREEMENT and has had the terms used herein and the consequences thereof explained by its
above -named attorneys of choice.
11. CONCENTRA represents that it has been represented in the CIVIL ACTIONS
and in connection with the negotiation and drafting of this AGREEMENT by Beam, Brobeck &
West, LLP, of Santa Ana, California, who are attorneys at law of its own choosing.
CONCENTRA has read this AGREEMENT and has had the terms used herein and the
consequences thereof explained by its above -named attorneys of choice.
12. OCCU -MED represents that it has been represented in the CIVIL ACTIONS and
in connection with the negotiation and drafting of this AGREEMENT by Parker Stanbury, LLP
of Los Angeles, California, who are attorneys at law of its own choosing. OCCU -MED has read
this AGREEMENT and has had the terms used herein and the consequences thereof explained by
its above -named attorneys of choice.
13. This AGREEMENT is freely and voluntarily executed and given without any
duress or undue influence on the part of any person, firm, corporation or entity, public or private,
and after each party having been apprised of all relevant information and data by that party's
above -named attorneys of choice. The Parties acknowledge and represent that in executing this
AGREEMENT each is relying solely upon facts obtained from their own investigation and
advice received from their own above -named counsel and not upon any statement or
representation of any nature by any other party, counsel for any other party, attorney or person.
14. Specific Acknowledgement and Waiver of Claims Under ADEA and
OWBPA. The Age Discrimination in Employment Act of 1967 ( "ADEA," 29 U.S.C. sections
621, et seq.) makes it illegal for an employer to discharge any individual or otherwise
discriminate with respect to the nature and privileges of an individual's employment on the basis
that the individual is age forty (40) or older. The Older Workers Benefit Protection Act
( "OWBPA," 29 U.S.C. sections 621, 623, 626, and 630, Pub. L. 101 -433, 104 Stat. 978 (1990))
further augments the ADEA and prohibits the waiver of any right or claim under the ADEA,
unless the waiver is knowing and voluntary. By entering into this AGREEMENT, BRESSI
9000 - 002/9000 -003 Page 7 of 21
•^fv f., � v
acknowledges that she knowingly and voluntarily, for adequate consideration, waives and
releases any rights she may have under the ADEA and/or OWBPA. BRESSI further
acknowledges that she has been advised and understands, pursuant to the provisions of the
ADEA and OWBPA, that:
(a) This waiver /release is written in a manner understood by BRESSI;
(b) BRESSI is aware of, and /or has been advised of, her rights under the
ADEA and OWBPA, and of the legal significance of her waiver of any possible claims she
currently may have under the ADEA, OWBPA and/or similar age discrimination laws;
(c) BRESSI is entitled to a reasonable time of at least twenty -one (21) days
within which to review and consider this AGREEMENT and the waiver and release of any rights
she may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in
the exercise of her own discretion, sign or reject this AGREEMENT at any time before the
expiration of the twenty -one (21) days;
(d) The waivers and releases set forth in this AGREEMENT shall not apply to
any rights or claims that may arise under the ADEA and /or OWBPA, or any claims whatsoever
that arise or occur after the EFFECTIVE DATE of this AGREEMENT;
(e) BRESSI has been advised by this writing that she should consult with an
attorney prior to executing this AGREEMENT;
(f) BRESSI has seven (7) days following her execution of this
AGREEMENT to revoke the AGREEMENT;
(g) Notice of revocation within the seven (7) day revocation period must be
provided, in writing, to CITY, CONCENTRA and OCCU -MED pursuant to Paragraph 23 herein,
9000 - 002/9000 -003 Page 8 of 21
3666
and must state, "I hereby revoke my acceptance of our `Settlement and Mutual General Release
Agreement; "' and,
15. This AGREEMENT shall not be effective until all parties have signed the
AGREEMENT and seven (7) days have passed since BRESSI's execution (the `EFFECTIVE
DATE ").
16. This AGREEMENT, together with Exhibits A through C and Attachments D and
E, constitutes the entire agreement between the Parties pertaining to the subject matter hereof
and supersedes all prior or contemporaneous agreements and understandings between them.
17. This AGREEMENT has been jointly reviewed and drafted by counsel for
BRESSI, the CITY, CONCENTRA and OCCU -MED and shall be construed as a whole,
according to its fair meaning and not strictly for or against any party.
18. This AGREEMENT shall inure to the benefit of and be binding upon the
respective officers, directors, trustees, and assigns of the Parties and their respective successors
in interest, if any.
19. This AGREEMENT shall in all respects be interpreted, enforced and governed by
the laws of the State of California.
20. The undersigned natural persons executing this AGREEMENT expressly warrant
and represent that they are duly authorized by the entities they represent to do so and to bind the
entity for which they sign to this AGREEMENT.
21. This AGREEMENT may be executed in counterparts, which counterparts when
taken together shall constitute but one entire AGREEMENT.
22. All parties shall receive a fully executed copy of this AGREEMENT.
23. Any and all notices given to any party under this AGREEMENT shall be given as
provided in this paragraph. All notices given to a party shall be made by certified or registered
United States mail, or by personal delivery, at the noticing party's discretion, and addressed to
the parties as set forth below. Notices shall be deemed for all purposes to have been given on the
9000- 002/9000 -003 Page 9 of 21
3 %136.
date of personal service or five (5) consecutive calendar days following deposit of the same in
the United States mail.
As to BRESSI:
Patricia Bressi
c/o Dale M. Fiola, Esq.
200 North Harbor Blvd, Suite 217
Anaheim, CA 92805
As to CONCENTRA:
Richard Parr
Executive Vice President and
General Counsel
Concentra Health Services, Inc.
5080 Spectrum Drive, #1200 West Tower
Addison, TX 75001
As to CITY:
Mark D. Hensley
City Attorney
City of El Segundo
350 Main Street
El Segundo, CA 90245
As to OCCU -MED:
James Johnson
President /CEO
Occu -Med, Inc.
7050 N. Fresno Street, Suite 210
Fresno, CA 93720
With copy to:
Dale M. Fiola, Esq.
Law Offices of Dale M. Fiola
200 North Harbor Boulevard, Suite 217
Anaheim, CA 92805
With copy to:
Charles W. Matheis, Jr., Esq.
Beam, Brobeck & West LLP
600 W. Santa Ana Boulevard., Suite 1000
Santa Ana, CA 92701
With copy to:
Harold A. Bridges, Esq.
Bridges & Bridges
35 S. Raymond Ave., Suite 415
Pasadena, CA 91105
With copy to:
Douglass H. Mori, Esq.
Parker Stanbury LLP
444 S. Flower Street 19t' Fl
Los Angeles, CA 90071
WHEREFORE, by affixing his /her /its signature below, each of the persons signing
this AGREEMENT represents that s /he /it has read and understands this AGREEMENT,
that s /he /it is authorized to sign this AGREEMENT and bind the party for whom s /he /it
9000 - 002/9000 -003 Page 10 of 21
3566...
signs, and that the party on behalf of whom s /he /it signs agrees to be, and is, bound by its
terms.
PATRICIA BRESSI
Patricia Bressi
CITY OF EL SEGUNDO:
J tewart, City Manager
APPROVED AS TO FORM:
LAW OFFICES OF DALE M. FIOLA
By:
Dale M. Fiola, Attorney for Plaintiff
PATRICIA BRESSI
BEAM, BROBECK & WEST LLP
am
Charles W. Matheis, Jr., Attorneys for
Defendant CONCENTRA HEALTH
SERVICES, INC.
CONCENTRA HEALTH SERVICES, INC.:
Richard Parr, Executive Vice President
and General Counsel
OCCU -MED, INC.:
James Johnson. President /CEO
BRIDGES & BRIDGES
Harold A. Bridges, Attorneys for
Defendant /Cross - complainant CITY OF
EL SEGUNDO and Defendant DINA
CRAMER
PARKER STANBURY LLP
I�
9000 - 002/9000 -003 Page 11 of 21
Douglass H. Mori, Attorneys for
Defendant OCCU -MED, INC.
Exhibit A to Bressi Settlement And Mutual General Release Agreement
[Mayor's Letterhead]
January _, 2006
Patricia Bressi
c/o Dale M. Fiola, Esq.
200 North Harbor Blvd, Suite 217
Anaheim, CA 92805
Dear Ms. Bressi:
3566 - . .
I write to reaffirm our conversation on September 29, 2005 and to express in writing my
regret and sympathy for the difficulties, angst and distress you experienced as a result of your
pre - employment medical examination and employment with the City of El Segundo.
As we discussed, I have been following this dispute since it came to my and the City's
attention and I am very pleased that all the parties have now found a way to amicably resolve
their differences so this unpleasant matter can be closed, appropriate changes made and we can
all move forward. Ironically, coming to this agreement as we end this holiday season seems
appropriate since it will allow all of us to put the unpleasantness of the past and this dispute
behind and enter 2006 on a new and better course.
Happy New Year to you and your family!
Sincerely,
Kelly McDowell, Mayor
9000 - 002/9000 -003 Page 12 of 21
Exhibit B to Bressi Settlement And Mutual General Release Agreement
July 17, 2002
Human Resources Department
City of El Segundo
350 Main Street
El Segundo, CA 90245
To Whom It May Concern:
350" 6
Please be advised that I hereby voluntarily resign my employment with the City of El
Segundo effective as of July 17, 2002.
Sincerely,
Patricia Bressi
9000 - 002/9000 -003 Page 13 of 21
Exhibit C to Bressi Settlement And Mutual General Release Agreement
RELEASE
This Release is made and executed by Dina Cramer ( "CRAMER ") as against
Patricia Bressi (`BRESSI ") with reference to the following facts and circumstances:
(a) Disputes have arisen between BRESSI and CRAMER ( "DISPUTES ")
reflected in an action filed by BRESSI in the Superior Court of California, Los Angeles County,
entitled "Pat Bressi v City of El Segundo Concentra Health Services Inc., OCCU -MED, INC.,
Dina Cramer, and Does 1 through 20 inclusive," and numbered as BC 288293 (hereafter `Bressi
II" or "CIVIL ACTION ")
(b) Additional disputes have arisen between BRESSI, on the one hand, and
the City of El Segundo ( "CITY "), Concentra Health Services, Inc. ( "CONCENTRA ") and Occu-
Med Inc.( "OCCU - MED "), on the other, reflected in an action filed by BRESSI in the Superior
Court of California, Los Angeles County, entitled "Pat Bressi v. Cif of El Segundo, City
Council and City Manager of the City of El Segundo Concentra Health Services Inc., Occu-
Med Inc. and Does I through 20, inclusive" and numbered as BC 288292 ( "Bressi I "). Over the
course of the preceding months, BRESSI, the CITY, CONCENTRA and OCCU -MED have
participated in settlement discussions with the aid of private mediator Nancy Warren, Esq. This
Release is given in contemplation of, and is only activated by, BRESSI's execution of, and
faithful performance under, a mutually agreed written settlement agreement ( "Settlement and
Mutual General Release Agreement ") memorialized and entered into by and between BRESSI,
on the one hand, and the CITY, CONCENTRA and OCCU -MED, on the other, by which
9000 - 002/9000 -003 Page 14 of 21
3v _
CRAMER is released of all CLAIMS, as defined in the Settlement and Mutual General Release
Agreement.
(c) The purpose of this Release is, in exchange for BRESSI's execution and
faithful performance under the Settlement and Mutual General Release Agreement, to release
fully and completely all the claims that CRAMER now has or has ever had against BRESSI, so
as to allow the parties in Bressi I and Bressi II to continue their pursuits having fully, finally,
comprehensively and conclusively resolved the DISPUTES, the CIVIL ACTION, and all the
underlying contentions and allegations.
2. In exchange for BRESSI's execution and faithful performance under the
Settlement and Mutual General Release Agreement, CRAMER, for herself and on behalf of her
heirs, representatives, successors, and assigns, absolutely and forever releases, acquits and
discharges BRESSI of and from any and all claims, rights, demands, complaints, covenants,
agreements, contracts, representations, warranties, promises, liens, accounts, debts, torts,
liabilities, expectancies, damages, expenses, benefits, wages, attorney fees, costs and causes of
action of every kind and nature whether known or unknown, suspected or unsuspected,
anticipated or unanticipated, at law or in equity, relating to or arising out of any act, omission,
occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred
or was in effect at any time from the beginning of time up to and including the EFFECTIVE
DATE of the Settlement and Mutual General Release Agreement, against BRESSI, directly and
indirectly, arising out of the DISPUTES, the CIVIL ACTION, the bringing and maintaining of
the DISPUTES and the CIVIL ACTION, BRESSI's employment with CITY and the termination
thereof.
In this connection, CRAMER hereby waives and releases any rights which she may have,
directly or indirectly, under the provisions of California Civil Code section 1542, or any similar
law of any state or jurisdiction, which reads in sum, substance or substantial part as follows:
9000 - 002/9000 -003 Page 15 of 21
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.
CRAMER acknowledges that the facts with respect to which she gives this release may turn out
to be different from the facts she now believes to be true. CRAMER hereby assumes the risk of
the facts turning out to be different and agrees that this AGREEMENT shall in all respects be
effective and not subject to termination or rescission because of any such difference in facts.
DATE:
DINA CRAMER
9000 - 002/9000 -003 Page 16 of 21
3F(`q
Attachment D to Bressi Settlement And Mutual General Release. Agreement
Concentra Health Services, Inc.
Authorization for the Use and Disclosure of Protected Health
Information
1. 1 hereby authorize Concentra Health Services, Inc. ( "CHS ") to use and
disclose protected health information from the record(s) of:
Patient's
Address:
Birth
Social Security No.
Name:
date:
2. Copies of the following records shall be used and disclosed: Medical
records relevant to the purpose of services rendered on
and all other records related to that visit.
3. 1 understand that copies of the records indicated above will be:
A. Used by members of CHS' workforce; and
9000 - 002/9000 -003 Page 17 of 21
B. Disclosed to:
Name
Employer /Company:
Address:
City:
State:
3566.
of
Zip Code:
Confirmation Telephone Number:
4. 1 understand that to the extent any recipient of this information, as
identified above, is not a health care provider and /or is not a "Covered
Entity" under Federal or State Law, the information may no longer be
protected by Federal or State privacy laws once it is disclosed to the
recipient and, therefore, may be subject to re- disclosure by the
recipient. Nevertheless, I hereby authorize disclosure to the above -
identified recipient(s).
5. 1 understand that the purpose of the use and disclosure of my medical
records is per request of my employer for a (circle one) [pre-
employment exam] [job- related injury exam /treatment] [drug screening]
9000 - 002/9000 -003 Page 18 of 21
[DOT certification] [fitness
3�r�.
for duty exam]
6. 1 understand that I may revoke this authorization in writing at any time
except to the extent that CHS has already relied on this authorization. I
understand that I may revoke this authorization by sending or faxing a
written notice stating my intent to revoke this authorization to:
90045
Name of contact person at CHS: Center Administrator
CHS address: 6033 W. Century Blvd., #200, Los Angeles, CA
CHS fax number: 310/215 -0783
7. Unless otherwise revoked, I understand that the specific date or event
upon which this authorization expires is (enter date one year from
exam date)
8. 1 understand that CHS may not condition treatment on my completion
of this authorization form except when the provision of health care is
solely for the purpose of creating protected health information for
disclosure to a third party. For example, CHS may have a contract with
a third party (e.g., employer) to provide fitness for duty exams. CHS
may refuse to conduct the exam if you do not sign this authorization to
permit CHS to release the applicable results of the exam to the
employer.
9. 1 understand that I am entitled to receive a copy of this authorization.
9000 - 002/9000 -003 Page 19 of 21
3566...
Signature of Patient or Patient's personal Representative:
Printed Name of Personal Representative (if any):
Representative's
Authority to
9000- 002/9000 -003 Page 20 of 21
Act for Patient:
3566.,.;
Attachment E to Bressi Settlement And Mutual General Release Agreement
9000- 002/9000 -003 Page 21 of 21
3566... .
RELEASE
This Release is made and executed by Dina Cramer ( "CRAMER ") as against
Patricia Bressi (`BRESSI ") with reference to the following facts and circumstances:
(a) Disputes have arisen between BRESSI and CRAMER ( "DISPUTES ")
reflected in an action filed by BRESSI in the Superior Court of California, Los Angeles County,
entitled "Pat Bressi v City of El Segundo Concentra Health Services, Inc., OCCU -MED, INC.,
Dina Cramer, and Does 1 through 20 inclusive," and numbered as BC 288293 (hereafter `Bressi
II" or "CIVIL ACTION ").
(b) Additional disputes have arisen between BRESSI, on the one hand, and
the City of El Segundo ( "CITY "), Concentra Health Services, Inc. ( "CONCENTRA ") and Occu-
Med Inc.( "OCCU - MED "), on the other, reflected in an action filed by BRESSI in the Superior
Court of California, Los Angeles County, entitled "Pat Bressi v. City of El Segundo, City
Council and City Manager of the City of El Segundo Concentra Health Services Inc., Occu-
Med Inc. and Does I through 20, inclusive" and numbered as BC 288292 (`Bressi I "). Over the
course of the preceding months, BRESSI, the CITY, CONCENTRA and OCCU -MED have
participated in settlement discussions with the aid of private mediator Nancy Warren, Esq. This
Release is given in contemplation of, and is only activated by, BRESSI's execution of, and
faithful performance under, a mutually agreed written settlement agreement ( "Settlement and
Mutual General Release Agreement ") memorialized and entered into by and between BRESSI,
on the one hand, and the CITY, CONCENTRA and OCCU -MED, on the other, by which
CRAMER is released of all CLAIMS, as defined in the Settlement and Mutual General Release
Agreement.
Pagel of 3
9000 -003
3566 ..
(c) The purpose of this Release is, in exchange for BRESSI's execution and
faithful performance under the Settlement and Mutual General Release Agreement, to release
fully and completely all the claims that CRAMER now has or has ever had against BRESSI, so
as to allow the parties in Bressi I and Bressi II to continue their pursuits having fully, finally,
comprehensively and conclusively resolved the DISPUTES, the CIVIL ACTION, and all the
underlying contentions and allegations.
2. In exchange for BRESSI's execution and faithful performance under the
Settlement and Mutual General Release Agreement, CRAMER, for herself and on behalf of her
heirs, representatives, successors, and assigns, absolutely and forever releases, acquits and
discharges BRESSI of and from any and all claims, rights, demands, complaints, covenants,
agreements, contracts, representations, warranties, promises, liens, accounts, debts, torts,
liabilities, expectancies, damages, expenses, benefits, wages, attorney fees, costs and causes of
action of every kind and nature whether known or unknown, suspected or unsuspected,
anticipated or unanticipated, at law or in equity, relating to or arising out of any act, omission,
occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred
or was in effect at any time from the beginning of time up to and including the EFFECTIVE
DATE of the Settlement and Mutual General Release Agreement, against BRESSI, directly and
indirectly, arising out of the DISPUTES, the CIVIL ACTION, the bringing and maintaining of
the DISPUTES and the CIVIL ACTION, BRESSI's employment with CITY and the termination
thereof.
In this connection, CRAMER hereby waives and releases any rights which she may have,
directly or indirectly, under the provisions of California Civil Code section 1542, or any similar
law of any state or jurisdiction, which reads in sum, substance or substantial part as follows:
Page 2 of 3
9000 -003
3666•..
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.
CRAMER acknowledges that the facts with respect to which she gives this release may turn out
to be different from the facts she now believes to be true. CRAMER hereby assumes the risk of
the facts turning out to be different and agrees that this AGREEMENT shall in all respects be
effective and not subject to termination or rescission because of any such difference in facts.
DATE:
DINA CRAMER
Page 3 of 3
9000 -003