Item C03r r;
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 19, 2011
Bulk Item: Yes X No
Division: Employee Services
Department:_, EmplMee Benefits
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Staff Contact Person/Phone #: Maria Fernandez -Gonzalez, Ext. 4448
AGENDA ITEM WORDING: Approval of a Workers' Compensation settlement in the amount
of one hundred forty five thousand, $145,000 (inclusive of attorney fees and costs) for file
#2 7100700-M P,
ITEM BACKGROUND: A private mediation was conducted on this claim. Overall exposure is
approximately $600,000 inclusive of PTD exposure with an additional $100,000 for ongoing pain
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management over the claimant's lifetime. Even though the claimant is not PTD, it is possible and
even likely that we would be facing a PTD claim in the future on this claim.
PREVIOUS RELEVANT B6CC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $145 000 INDIRECT COST: _N/A BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: NIA
COST TO COUNTY: 145 000 SOURCE OF FUNDS: Primaril Ad Valorem
REVENUE PRODUCING: Yes No, AMOUNT PER MONTH Year
APPROVED BY: County Atty e IP hasing Disk Management V) r
DOCUMENTATION: Included Not Required_
DISPOSITION:
Reprised 7/09
AGENDA ITEM #
r
COUNTY o MONROE
KEY WEST F ORIDA 33040 T V
(305) 294-4641
Office of the Employee Services I)ivision Director
The Iiistoric Gato (;Agar Factory :.
1100 SiM011ton Street, Suite 268 .
Key West, FL 33040
(30-3) 2924r58 — Phone -
3
(305) 292--#-.'%4 - Fax
TO: Board of County Commissioners
FROM: Teresa E. Aguiar,
Employee Services Directo
DATE: December 23, 2010
SUBJ: Approval of Workers Compensation Settlement
File #27100700-MP
BOARD OF COL
NTY COMMI5519NERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem David Rice, District 4
Kim Wigingtvn, District I
George Neugent, District 2
Sylvia I Murphy, District 5
This item requests approval for the settlement of a workers' compensation claim on a former y
emp to ee for
the dates of accident/injury on October 24, 2007 and August 19, 2009.
A private mediation was conducted on November 22, 2010 which included our Workers' Compensation
attorney, Benefits Administrator and a representative from the County Attorney' s office. Both parties
agreed to settle the case for $145,000 inclusive of attorney fees and costs contingent on the Monroe
County B OCC approval.
DOA 10/24/07:
Permanent total disability (PTD) exposure was considered on this claim and based on the claimant's age
and restrictions, permanent total disability exposure on this claim is y ap roximatel $500 000 - $600 000,
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The claimant is entitled to medical care as long as the claim remains . open. Anticipated e for
p p
ongoing treatment over the claimant's lifetime is approximately $9,500.00 with one of his and
physicians
an exposure of an upwards range of $80,000 - $100,000 With his other physician for pain management in
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addition to ongoing pain medication over his lifetime plus x-rays and MRIs estimated to total
approximately $10,000.00.
DOA 8119/09
There is minimal future exposure on this claim. The claimant was placed at maximum medical
improvement and it was estimated that future medical care over the claimant's lifetime would be
approximately $750.00.
+Page 2
File #27100700-MP
December 23, 2010
Based on the foregoing, overall exposure is approximately $600,000 inclusive of PTD exposure with an
additional � $100,000 for ongoing pain management over the claimant's lifetime. Even thou h the
claimant- � is not PTD, it is possible and even likely that we would be facing a PTD claim in the future on
this claim.
An agreement was reached to resolve the claimant's two claims in the sum of $145,000 and it is therefore
recommended that the BOCC approve this settlement. If you have any questions, please do not hesitate to
contact me.