Item C23"<= BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 19, 2011
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 $110,850.00, inclusive of Medicare Set Aside, attorney fees and costs for file
#WCO222010100528-MP.
ITEM BACKGROUND: A private mediation was conducted on this claim. Overall exposure is
approximately $350,000 over the claimant's lifetime and it is in the best interest of the County to settle
this claim.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $110,850 INDIRECT COST: N/A BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $110,850 SOURCE OF FUNDS: Primarily Ad Valorem
REVENUE PRODUCING: Yes No X MOUNT PER MONTH Year
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APPROVED BY: County Atty OMB/Purc asing Risk Management
DOCUMENTATION: Included Not Required X
DISPOSITION:
Revised 7/09
AGENDA ITEM #
C
UNTYSMON ROE
KEY WEST FLORIDA 33040
(305)294-4641
Office of the Employee Services Division Director
The Historic Cato Cigar Factory
1100 Simonton Street, Suite 268
Key West. FL 33o40
(305) 292-4458 — Phone
(305) 292-4564 - Fax
TO: Board of County Commissioners
FROM: Teresa E. Aguiar,
Employee Services Director 41
DATE: September 30, 2011
SUBJ: Workers Compensation Settlement
File #WCO222010100528-MP
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BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem David Rice, District 4
Kim Wigington, District 1
George Neugent, District 2
Sylvia I Murphy, District 5
This item requests approval for the settlement of a worker's compensation claim on a County employee
who was injured on April 9, 2010.
One of the main concerns with the claimant was that the individual would be reinjured while on the job.
In addition, the claimant had been attempting to have other medical conditions covered under the April 9,
2010 date of accident which Monroe County has previously denied as compensable. Should this case go
before a Judge of Compensation and the Judge finds that the major contributing cause for the need of
treatment of the other medical conditions are related to his work related injury, there will be significant
exposure to the County for medical care and treatment for the claimant's conditions. The claimant's
attorney advised our attorney that the claimant was interested in settlement and due to the potential of
having to defend a PTD (permanent total disability) claim the parties came to an agreement. This claim
carried a potential exposure of upwards of $350,000 over the claimant's lifetime.
Both parties agreed to settle the claim without the need for state or private mediation which included a
General Release and Resignation for $110,850 inclusive of the Medicare Set Aside (MSA), attorney fees
and costs contingent on the Monroe County BOCC approval. It is recommended that the BOCC approve
this settlement in the amount of $110,850.
If you have any questions, please do not hesitate to contact me.