[arrl-odv:23129] CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED COMMUNICATION

Greetings. It is necessary as circumstances have developed to both bring you up to speed on the events following Bill Moore's unfortunate accident, and to ask for your cooperation in avoiding any discussion of the issue with anyone. ARRL Headquarters, about two weeks ago, received a notifcation from a law firm that there would be a worker's compensation claim filed with respect to Bill's accident. This was in the form of a "Notice of Claim for Compensation" filed on behalf of Bill with the State Worker's Compensation Commission. In response, our worker's compensation insurance carrier, The Hartford, filed a notice of intent to contest the claim for benefits, stating several reasons for that position. The principal argument apparently is that the accident was outside the scope of employment. The Hartford has assigned ARRL an attorney as part of this claim and Barry Shelley has been in touch with him initially. The attorney is of the view at this point that this claim will be addressed by court litigation. We will be having further conversations with this attorney in the near term. It is critical that none of us have any contact with Bill or his family, or their attorney, or anyone outside the ARRL's official family. Please note that e-mail correspondence is subject to discovery processes, so please do not discuss Bill's accident or any of the circumstances surrounding it with anyone, via e-mail or any written or recorded medium. Any information requests concerning this can be routed through my office which will protect the confidentiality of the communication by virtue of the attorney-client privilege. If you have had any written correspondence with Bill or any member of his family since Bill's accident (other than the cards we all signed at the Board Meeting just past) please let us have a copy of it (via my office) to forward to the insurance company-appointed attorney for ARRL. Thanks for your help with this. 73, Chris W3KD -- Christopher D. Imlay Booth, Freret & Imlay, LLC 14356 Cape May Road Silver Spring, Maryland 20904-6011 (301) 384-5525 telephone (301) 384-6384 facsimile W3KD@ARRL.ORG

Right, Kay, not only because we shouldn't be talking about his medical situation (assuming we know it) in any case, and because of the pending or potential litigation, it is best to avoid any discussion of the accident at all. A statement just as you put it sounds good to me. 73, Chris W3KD On Mon, Aug 11, 2014 at 2:02 PM, Kay Craigie <n3kn@verizon.net> wrote:
Chris, if we are asked about Bill by members, such as at a forum, would it be acceptable to say "I'm sorry but I can't comment on that." ?
73, Kay N3KN
-- Christopher D. Imlay Booth, Freret & Imlay, LLC 14356 Cape May Road Silver Spring, Maryland 20904-6011 (301) 384-5525 telephone (301) 384-6384 facsimile W3KD@ARRL.ORG

Dave, Chris, and I have been batting this around off the reflector, and just saying "no comment" - though the safest approach - is way too cold. Something along the lines of "we sincerely wish Bill all the best in his recovery" is true and wouldn't come back to haunt us. If pressed for more information, I plan to say that out of respect for Bill's personal privacy I can't comment any further. 73 - Kay N3KN
participants (2)
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Christopher Imlay
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Kay Craigie