Agenda

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County Attorney's Report 9. 1.

BCC Regular Meeting

Action

Meeting Date:	08/06/2015
Issue: Settlement of Workers' Compensation Claim No.:306-099-0583561 filed by Dale Bond
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Settlement of the Workers' Compensation Claim of Dale Bond against Escambia County Board of County Commissioners

That the Board take the following action:

A. Authorize payment in the total sum of $110,750.00 to Dale Bond in final settlement of Claim No.: 306-099-0583561; and

B. Authorize the County Attorney’s Office to accept a general release, formal resignation and waiver of all non-Workers' Compensation claims executed by Dale Bond.

BACKGROUND:

On July 16, 2015, the parties attended a private mediation in an effort to settle globally Mr. Bond’s workers’ compensation claim. Claimant’s counsel had also taken the position that the claimant was wrongfully terminated earlier this year. The County was represented by Brian Bolton of PELS which negotiated the settlement to include all claims, including any labor and employment matters.

After several hours of negotiations, the parties agreed to settle this case for $110,750.00, inclusive of claimant’s attorney fees and costs, contingent upon BCC approval. The settlement includes any and all accidents, occupational diseases, repetitive traumas, future medical care, and future workers’ compensation indemnity benefits such as temporary disability and permanent total disability. The settlement also includes a general release, formal resignation and waiver of any and all other non-workers’ compensation matters, including the potential labor and employment claim outlined above. As Mr. Bond is not and has not been in the past a Medicare recipient and does expect to apply for Medicare benefits in the next thirty (30) months, it is not necessary to provide for a Medicare set aside as part of the settlement.

PELS was able to obtain a favorable medical opinion which diminished the value of the future indemnity claim concerning the claimant’s future employability. Mr. Bond has had significant medical care spanning over the past 15 years, which has included treatment for the neck, right shoulder, knees, and left hand, and expert treatment by specialists including orthopedic physicians and pain management specialists. The claimant has had neck surgery to repair a disk herniation in his cervical spine which involved a fusion at the C5-C6-C7 levels.

This settlement is recommended by PELS as being the most cost-beneficial option available to the Board for resolution of this matter. This office concurs in the recommendation.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Brian Bolton of PELS will draft the appropriate documents to conclude this matter.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
No file(s) attached.