Item C36
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 10/17/01
Division: Management Services
Bulk Item: Yes x
No
Department: Human Resources
AGENDA ITEM WORDING:
Board of County Commissioner's approval to waive the lien on Workers' Compensation claim number
22-097 -000 I 002
ITEM BACKGROUND:
The Third Party Administrator for the County routinely places liens on any settlement a claimant or
injured employee may make as a result of a Workers' Compensation injury. This former employee has
settled his claim and that settlement was placed in a trust for his children. We are unsure of the amount
due to the confidential nature of the settlement. The County Attorney's office reviewed this issue and
they are recommending that the BOCC forgive and waive any claim it may have to this settlement.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
ST AFF RECOMMENDATIONS:
Approval
TOTAL COST: $ 0
BUDGETED: Yes
No
x
COST TO COUNTY: $ 0
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH
Year X
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
JIr-/~~
James L. Roberts, County Administrator
DOCUMENTATION:
Included
To Follow
Not Required_
AGENDA ITEM # / -~ -1J ~
DISPOSITION:
Revised 2/27/01
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August 15,2001
!'fA FACSIMILE (407) 682-6850
Kevin Cothron
JL T Insurance Services
RE:
Our File No.: 43152-1
Dear Mr. Cothron:
Please allow this letter to confum oW' convcmation regarding the resolution of'
_ :'5 medical malpractice claim against . As discussed, just prior to
the jury reaching their verdict a high-low agreemCllt was entered into between the parties. The
jmy then returned a defense "1m-diet in the case.
AlthOugh 1 cannot discuss amounts, please be ~urcd that the low end of the agreement
was not a particularly siguificant sum. Additi04ll1y. all t\mds disbursed (ifter feei, costs. etc.)
are to be disbursed to two minor ehilclren, with no funds going to
himself.
Should you have any questions. please do not hesitate to contact me.
Cc: Robert Maland
MEMORANDUM
DA TE:
September 19, 2001
TO:
Nancy Cohen
Workers Comp
Rob Wolfe 6l<JJ
Chief Assistant County Attorney
FROM:
RE:
Claim against lawsuit settlement proceeds
hhhh~~~~~h___________~h_hhhh__
As we discussed, the amount that could possibly b~ made subject to the County's claim and
lien is -not a particularly significant sum ...," Aug. 15, 2001, Jetter of Michael Brand, Esq.
Second, since the money has been placed in Q trust for the beneficial use of
" _ children a legitimate argument can certainly be made that the funds do
not benefit: in any way and, hence, are not subject to the lien. Finally, I do not
think the pubic interest is best served by going after funds herd for the future benefit of
children.
Therefore, for the reasons stated above, I recommend that the Bee forgive and waive any
claim it may have to the settlement dollars I was awarded (that were placed in
trust for his children) as a result of the case
RNW/jeh
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Page 1 of 1
From: Cothron, Kevin - USA <KCothron@jltservices.com>
To: Nancy Cohen (E-mail)<mcwc@mail.state.f1.us>
Date: Friday, August 31, 2001 9:33 AM
Subject:
August 31, 2001
Ms. Nancy Cohen
Monroe County BCC
5100 College Road, Room 215
Key West, Florida 33040
Re: Employee: _ ,______
Claim No.: 022-097-0001002
D/O/I: 11/25/97
Dear Nancy:
This letter will confirm our conversation today regarding the third party claim of,
. lost at trial on his third party claim. However, prior to the jury verdict, his
attorney and the third party attorney made a "high/low" agreement.
When the jury verdict came in against _ ,he was given the "low" portion of the agreement.
Due to confidentiality, the third party cannot tell me how much this was for, however all money was
placed in a trust in his children names. not the administrator for the trust, nor does he
have access to the funds. Based on the tact that, _ is not receiving any money from the
claim, his attorney has requested that we waive our lien.
Our options are that we could waive the lien in which case there would be no further issues. If we
elect to pursue, we would need to retain legal counsel and file for an equitable distribution hearing.
As the money is in a trust for his children, I do not feel we would have much chance of prevailing
and our legal expense would not be recoverable.
My recommendation at this time would be for Monroe County BCC to waive the lien. If this is
agreeable to the county, please advise and I will confirm in writing to the claimant's counsel.
Please do not hesitate to contact me if there are any questions concerning this issue.
Sincerely,
Kevin Cothron
0u1!..
J~Lfl/~
~.7/r
8/31/2001