Item D01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: AUGUST 16, 2006
Division: EMPLOYEE SERVICES
Bulk Item: Yes -.--L No
Department: BENEFITS OFFICE
Staff Contact Person: MARIA Z.FERNANDEZ
AGENDA ITEM WORDING: APPROVAL OF A WORKERS' COMPENSATION
SETTLEMENT IN THE AMOUNT OF FIFTY TWO THOUSAND FIVE HUNDRED
DOLLARS, $52,500 (INCLUSIVE OF ATTORNEYS FEES AND COST) FOR FILE #05091600-
GH.
ITEM BACKGROUND:
SEE ATTACHED MEMORANDUM
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
APPROVAL
TOTAL COST:
$52,500.00
BUDGETED: Yes --X- No
COST TO COUNTY:
$52.500.00
SOURCE OF FUNDS: Primarily Ad Valorum
REVENUE PRODUCING: Yes
No X
Year
APPROVED BY: County
OMB/Purchasing
Risk Management
DIVISION DIRECTOR APPROVAL:
Teresa E. Kguiar
Division Director Employee Services
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
OK~~IrY ~o~~~~E
(305l 294~4641
Employee Services Division
Employee Benefits Office
1100 Simonton Street, Suite 2-268
Key West, Florida 33040
Phone (305) 292-4448
Facsimile (305) 292-4452
MEMORANDUM
To:
Monroe County Board of County Commissioners
Thru:
Teresa E. Aguiar, Employee Services Division Director
r
Maria Z. Fernandez-Gonzalez, Sr. Administrator,\ I
'k
From:
Date:
July 28, 2006
Re:
Our File #05091600-GH
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. Ricc, District 4
Approval is being requested for the settlement of a workers' compensation claim on a former MCSO
employee, heart injury occurred June IS, 2005. This case involves the Section I 12. I 8 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
$125,000. Due to the claimant's high impairment rating our impairment benefit exposure alone is somewhere
between $57,000 and $85,000. The present value ofPTD (pern1anent total disability) exposure would be
close to $75,000.
The claimant's initial demand was $ 110,000. The claimant has accepted our proposed settlement of$52,500
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.