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Item C23 C.23 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting February 15, 2023 Agenda Item Number: C23 Agenda Item Summary #11703 BULK ITEM: Yes DEPARTMENT: Employee Services TIME APPROXIMATE: STAFF CONTACT: Mark Gongre (305) 292-4559 N/A AGENDA ITEM WORDING: Approval of a Workers' Compensation settlement in the amount of $100,000, 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: Workers' Compensation Settlement FINANCIAL IMPACT: Effective Date: February 15, 2023 Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: $100,000 Current Year Portion: $100,000 Budgeted: Yes Source of Funds: CC_07503-Workers' Compensation Claims, SC_00030 CPI: Indirect Costs: Packet Pg. 994 C.23 Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: No Additional Details: N/A REVIEWED BY: Bryan Cook Completed 01/30/2023 1:48 PM Christina Cory Skipped 01/30/2023 2:02 PM Cynthia Hall Completed 01/30/2023 2:02 PM Purchasing Completed 01/30/2023 3:35 PM Budget and Finance Completed 01/30/2023 3:52 PM Brian Bradley Completed 01/31/2023 9:05 AM Lindsey Ballard Completed 01/31/2023 9:31 AM Board of County Commissioners Pending 02/15/2023 9:00 AM Packet Pg. 995 C.23.a BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Craig Cates,District 1 The Florida Keys U Mayor Pro Tem Holly Merrill Raschein,District 5 f Michelle Lincoln,District 2 yc James K.Scholl,District 3 David Rice,District 4 MEMORANDUM TO: Monroe County Board of County Commissioners a� FROM: Mark Gongre,Safety and Security Administrator 9= Cynthia L.Hall, Sr.Assistant County Attorney Digitally signed by Bryan U) Cook THRU: Bryan Cook,Employee Services Director Bryan CookDate:2023.01.30 Bob Shillinger,County Attorney 13:47:37-05'00' CL 0 U DATE: January 27,2023 U) SUBJECT: Approval of Workers' Compensation Settlement 0 This item requests approval for settlement of a workers' compensation claim on a Monroe County Sheriff's Office employee CL with a date of accident of 5/8/2020.The claimant was claimant was hired by the Sheriffs Office in May 2017. < The County held a private mediation on January 26,2023. The Claimant's attorney made an initial demand of$190,000. Eventually,both parties agreed to a settlement in the amount of$100,000(inclusive of attorneys'fees),contingent upon your E approval. 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 and costs,and any other benefits provided under Florida workers' compensation law. The County has already paid more than$500,000 in benefits;therefore, 100%of the settlement will come from the County's U) excess insurer as reimbursement. The excess insurer has approved this settlement. The former employee(resignation in 2022)has already had three surgeries;has reached maximum medical improvement at a 10%permanent impairment rating; CL and has the possibility of future pain management needs as well as future surgery,all of which could result in benefits t0 in excess of$100,000. The employee also has permanent light duty work restrictions. Under the circumstances,it is the recommendation of the County's outside legal counsel(Theodore Goldstein,Esq.),the County's workers'compensation adjuster(Relation Insurance),the County Attorney's Office and staff that the Commission approve this proposed settlement in the amount of$100,000. As part of the settlement,the claimant agrees not to apply for reemployment. 0 4i The settlement is not final until approved by the BOCC.Therefore,staff is placing this item before the BOCC for approval. E If you have any questions,please do not hesitate to call. CH/kc Packet Pg. 996