Item C03BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16 2014
Bulk Item: Yes X No
Division: Employee Services
Department: Employee Benefits
Staff Contact Person/Phone #: Maria Fernandez- Gonzalez Ext. 4448
AGENDA ITEM WORDING: Approval of a Workers' Compensation settlement in the amount of
$75,000.00 for JCC Case No.: 13- 029166RDM.
ITEM BACKGROUND: Claimant sustained a work related—injury
was negotiated between the claimant, adjuster, benefits administrator and assi tant county attorney.
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Both parties agreed to the $75,000 settlement pending BOCC approval. Since the claimant was not
represented by an attorney, the settlement will need to be approved by the JCC (judge of compensation
claims) as well. There is no excess reimbursement on this settlement as claims did not exceed the self -
insured retention.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT /AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $75,000.00 INDIRECT COST:
BUDGETED: Yes — — No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $75.000.00 Internal Service Fund
SOURCE OF FUNDS: Primarily Ad Valorem
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County t
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Purchasing , Risk Management `
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
County of Monroe
The Florida Keys
Office of the Employee Services Division Director
The Historic Gate Cigar Factory
1100 Simonton Street, Suite 268
Key West FL 33040
(305) 292.4458 — Phone
(305) 292 -4564 - Fax
TO: Board of County Commissioners
FROM: Teresa E. Aguiar,
Employee Services Directo
DATE: December 20, 2013
SUBJ: Workers' Compensation Settlement
JCC Case No: 13- 029166RDM
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia J. Murphy, District 5
Mayor Pro Tern, Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
David Rice, District 4
This item requests approval for the settlement of a workers' compensation claim on a retired County
employee with a date of accident on November 14, 2011. The claimant injured his arm, neck and back
while employed. The claimant retired on August 31, 2012.
The claimant has permanent work restrictions, is not employed and lives out of the country. We have
spent approximately $150,936.66 on the medical portion of the claim and approximately
$21,524.46 paid out due to his permanent impairment rating. The claimant's life expectancy is 28
more years and his current medical expenses total approximately $7,000 per year for palliative care.
We would face a number of liabilities if we choose not to settle this case and continue to treat the claimant
under workers' compensation. Since the claimant is now living out of the country and if we find a doctor to
treat him in the area that he is now living, we would have no way to monitor his treatment through field
case management and we would lose any possibility of treatment with any in- network doctors and medical
expenses paid at the Florida Workers' Compensation rate. Essentially, we would lose all control of the
medical and be paying all medical costs at 100% if he is treated out of the country. We could choose to
have him treated here in the country but we would need to pay for his transportation to and from the states.
Flights are very expensive and range anywhere from $200 -$500 each way. We would also be open to have
to pay for any required car rental and hotel stay.
In addition, if we do not settle this case and continue to treat under workers' compensation and the claimant
decides to return to the working field and is not able to find work due to his restrictions, we would be open
to a possible expense of a permanent total disability. This expense would be his estimated average weekly
wage at the time of injury paid out to equal what he would have made during his life expectancy.
It is recommended that we settle this claim for the negotiated settlement of $75,000. If you have any
questions, please call me at 292 -4458.