Item S5 � S.5
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
August 19, 2020
Agenda Item Number: S.5
Agenda Item Summary #7227
BULK ITEM: Yes DEPARTMENT: Employee Services
TIME APPROXIMATE: STAFF CONTACT: Mark Gongre (305) 292-4559
no
AGENDA ITEM WORDING: Approval of a Workers Compensation settlement in the amount of
$160,000 inclusive of Attorney's fees.
ITEM BACKGROUND: See attached memorandum. Workers' compensation settlements greater
than $50,000 are placed before the BOCC for approval.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Memo
FINANCIAL IMPACT:
Effective Date: n/a
Expiration Date:
Total Dollar Value of Contract: n/a
Total Cost to County: $160,000
Current Year Portion: $160,000
Budgeted: yes
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
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S.5
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: no
Additional Details:
REVIEWED BY:
Bryan Cook Completed 08/11/2020 4:36 PM
Assistant County Administrator Christine Hurley Completed
08/11/2020 4:58 PM
Cynthia Hall Completed 08/11/2020 5:10 PM
Purchasing Skipped 08/11/2020 4:32 PM
Budget and Finance Completed 08/11/2020 5:22 PM
Maria Slavik Skipped 08/11/2020 4:31 PM
Kathy Peters Completed 08/11/2020 5:38 PM
Board of County Commissioners Pending 08/19/2020 9:00 AM
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MEMORANDUM
TO: Monroe County Board of County Commissioners
FROM: Mark Gongre, Safety and Security Administrator
Cynthia L. Hall, Assistant County Attorney
THRU: Bryan Cook, Employee Services Director
Bob Shillinger, County Attorney
DATE: August 11, 2020
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SUBJECT: Approval of Workers' Compensation Settlement
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This item requests approval for settlement of a workers' compensation claim on a Monroe u
County Sheriff's Office employee with a date of accident of 5/6/2019. The claimant had E
approximately 12 years on the job at the time of the accident.
The County held a private mediation on August 11, 2020. The Claimant's attorney made an
initial demand of$350,000. Eventually, both parties agreed to a settlement in the amount of
$160,000 (inclusive of attorneys' fees), contingent upon your approval. The County also gave
up a lien that it had in a case by the Claimant against a third party, valued at approximately $20-
0.
50,000. The settlement will discharge the County from any further liability for past and future
compensation benefits,past and future medical benefits, temporary and permanent total --
disability benefits including benefits for training and education, death benefits, attorneys' fees 0
and costs, and any other benefits provided under Florida workers' compensation law.
There were conflicting opinions by treating physicians and medical experts in the case. While
the County's experts placed little value on the claims, other experts gave great credence to the
claims and rendered the opinion that he would never again be able to work in law enforcement.
If the County were not to accept this settlement, the case would continue to trial in front of a
Judge of Compensation and Claims, who would decide among the competing medical opinions
and could award a sizeable amount to the Claimant, a 36-year-old law enforcement officer. In
order to control the County's risk, it is the recommendation of the County's outside legal counsel
(George Helm, Esq.), the County Attorney's Office and staff's recommendation to approve this
proposed settlement in the amount of$160,000.
The settlement is not final until approved by the BOCC. Therefore, staff is requesting that this
item be placed as an add-on to the August 19, 2020 BOCC agenda.
If you have any questions,please do not hesitate to call.
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