Message-ID: <10843029.1075860489709.JavaMail.evans@thyme> Date: Fri, 17 Nov 2000 07:33:00 -0800 (PST) From: michelle.cash@enron.com To: hthomas@gspcorp.com Subject: Re: Privileged and Confidential Communication to my Attorney Cc: peter.del.vecchio@enron.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: peter.del.vecchio@enron.com X-From: Michelle Cash X-To: HThomas@gspcorp.com @ ENRON X-cc: peter.del.vecchio@enron.com@ENRON X-bcc: X-Folder: \Michelle_Cash_Dec2000\Notes Folders\All documents X-Origin: Cash-M X-FileName: mcash.nsf Hoyt, If GSP LLC would assume the liability at the time of return, why would it risk bringing them back for light duty work? Why not wait until they are fully released, particularly if one of them is going to sue under workers comp scheme? Also, Hoyt, you need to be careful about revealing conversations with GSP counsel to MG -- I noticed you had cc'd someone from Media General in the prior email. We don't want to waive any privileges. Michelle HThomas@gspcorp.com on 11/15/2000 06:10:00 PM To: peter.del.vecchio@enron.com, david.howe@enron.com cc: michelle.cash@enron.com, LFaucheaux@media-general.com, MParker@gspcorp.com Subject: Privileged and Confidential Communication to my Attorney Peter, we have two long-term worker's comp cases whose accidents happened before Enron bought GSP. We would like to bring them back to do light-duty work, to get them in the swing of working again and also to get some adminstrative work done. I am concerned that bringing these employees back to work on light duty will cause these cases to become an Enron liability rather than an MG liability. I discussed this with Pat McCarthy, the labor and employment law attorney we are using in NJ, and he said that the liability would typically not transfer to GSP just because we brought them back . . . it would still be an MG liability, UNLESS THE EMPLOYEE HURT HIMSELF AGAIN. In which case, GSP owns it. However, Pat said that a lot of what determines the ownership of the worker's comp cases is written into the purchase and sale agreement. He said that there may be language that addresses an employee's return to work from worker's comp. I know that we have an ongoing dispute about worker's comp with MG at this point. What would be your recommendation on bringing these employees back to work? As a bit of additional info, one of the two employees seems eager to come back . . . the other one does not. An employee told me that the second employee actually has a lawsuit filed against MG/old GSP about his injury.