Item D11
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: JULY 19, 2006
Division: EMPLOYEE SERVICES
Bulk Item: Yes -X- No
Department: BENEFITS OFFICE
Staff Contact Person: MARIA Z. FERNANDEZ
AGENDA ITEM WORDING: APPROVAL OF A WORKERS' COMPENSATION
SETTLEMENT IN THE AMOUNT OF ONE HUNDRED TWENTY FIVE THOUSAND
DOLLARS, $125,000.00 (INCLUSIVE OF ATTORNEYS FEES AND COST) FOR FILE
#04111000-GH.
ITEM BACKGROUND:
SEE ATTACHED MEMORANDUM
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
APPROV AL
TOTAL COST:
$125,000.00
BUDGETED: Y es ~ No
COST TO COUNTY:
$125.000.00
SOURCE OF FUNDS: Primarily Ad Valorum
REVENUE PRODUCING: Yes
T PER MONTH Year
APPROVED BY: County Atty
DIVISION DIRECTOR APPROVAL:
Teresa E, Aguiar
Division Director Employee Services
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM
Revised 2/05
Employee Services Division
Benefits Office
1100 Simonton Street, Room 2-268
Key West, Florida 33040
Phone (305) 292-4448
Facsimile (305) 292-4452
BOARD OF COUNTY COMMISSIONERS
MAYOR Charles "Sonny" McCoy, District 3
Mayor Pro-tem Dixie M. Spehar, District 1
Glen Patton, District 5
George Neugent, District 2
David P. Rice, District 4
OKll~r.Y ~o~~~~E
(305) 294-4641
MEMORANDUM
To:
Tom J. Willi, County Administrator
Date:
Teresa E. Aguiar, Employee Services Division
Maria Z. Fernandez-Gonzalez, Sr. Administrator, B~
June 27,2006
Thru:
From:
Re:
Our File #0411l000-GH
Approval is being requested for the settlement of a workers' compensation claim on a former MCSO
employee, heart injury occurred 09/21/2004. This case involves the Section 112.18 heart disease
presumption, The claimant is a protected class member and potentially entitled to the benefit of the
presumption. There were three additional elements for application of the presumption to satisfY and these
were met by the claimant. Accordingly, the Section 112.18 presumption of compensability applies to the
claimant's heart condition and we can only rebut the presumption if we can show by clear and convincing
evidence the claimant's heart condition was the result of a non-work related exposure or event.
In our settlement analysis it was estimated that our medical exposure could be approximately in the range of
$156,000. Due to the claimant's high impairment rating our impairment benefit exposure alone is somewhere
between $58,000 and $88,000. The present value ofPTD (permanent total disability) exposure would be
somewhere between $330,000 and $370,000. In addition to the aforementioned exposures, we also faced
exposure to death benefits. If the claimant were to pass away from a heart condition within five years, we
would be exposed to death benefits of approximately $157,500.
The claimant's initial demand was $500,000. The claimant has accepted our proposed settlement of$125,000
inclusive of all fees and costs contingent upon the Monroe County Board of County Commissioners' approval.
Our workers' compensation attorney, county attorney's office and I feel this settlement is in the best interest
of Monroe County and we look forward to receiving the Board's approval on our proposed settlement.
Please do not hesitate to contact me with any questions. Thank you.