Item C01BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 28, 2009 Division: Employee Services
Bulk Item: Yes x No _ Department: Benefits
Staff Contact Person/Phone #: Maria Fernandez -Gonzalez 2924448
AGENDA ITEM WORDING: Approval of a Workers' Compensation Settlement in the amount of
Fifty-five thousand dollars, $55,000.00 (inclusive of attorney fees) for file #05021200-GB.
ITEM BACKGROUND: See attached memorandum
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $55,000.00 INDIRECT COST: _N/A BUDGETED: Yes X No _
COST TO COUNTY: $55,000.00 SOURCE OF FUNDS: Primarily Ad Valorum
REVENUE PRODUCING: Yes No X AMOU8T PER MONTH Year
APPROVED BY: County Atty �Vl O urcha i g Risk Managementmz�
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 1/09
AGENDA ITEM #
C
UNTY So�MONROE
KEY WESTLOROA 33040
(305)294-4641
Office of the Employee Services Division Director a '7110,
The Historic Gato Cigar Factory '
1100 Simonton Street, Suite 268
Key Feat, FL 33040 4 . "11\
(305) 292-4458 — Phone
(305) 292-4564 - Fax
TO: Board of County Commissioners
FROM: Teresa E. Aguiar,
Employee Services Di o
DATE: January 5, 2009
SUBJ: Approval of Workers' Compensation settlement
File #05021200-GB
BOARD OF COUNTY COXVISSIONERS
Mayor George Neugent, District
Mayor Pro Tem Sylvia J. Murphy. District 5
Kim Wigington, District 1
Heather Carruthers, District 3
Mario Di Gennaro. District 4
This item requests approval for settlement of a worker's compensation claim on a former Monroe County
Sheriff Office employee with a date of accident February, 2005. The claimant suffered stress to his right
knee and the accident was accepted as compensable.
The County held a private mediation on December 19, 2008 which included a representative of the County
Attorney's office. The claimant's Attorney made an initial demand of $175,000. Eventually, both parties
agreed to a $55,000 settlement (inclusive of attorney's fees) contingent upon your approval. The settlement
will discharge the County from any further liability for past or future compensation benefits, past and future
medical benefits, rehabilitation benefits, temporary total disability benefits for training and education, death
benefits, attorney's fees and costs, and any other benefits provided under the Florida Workers' Compensation
Law.
It has been the County's position on this claim that the major contributing cause of the claimant's condition
was pre-existing and an Independent Medical Examination concurred. However, the claimant's treating
physician is of the opinion that the industrial injury of February 2005 is the major contributing cause of the
claimant's condition. If the County chooses not to accept this settlement, the case will go before the Judge
of Compensation and Claims where an Expert Medical Advisor (EMA) will be appointed to render his
opinion. The EMA's opinion is final and can go either way. In the event the industrial injury is found to be
the major contributing cause we could face over $125,000 in indemnity and medical costs plus attorney's
fees. Therefore, it is the County's workers' compensation attorney, county attorney's office and staff's
recommendation to approve the proposed settlement in the amount of $55,000.00.
If you have any questions, please do not hesitate to call.