Agenda

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County Attorney's Report 9. 1.

BCC Regular Meeting

Action

Meeting Date:	01/23/2020
Issue: Approval of Proposed Settlement of Workers' Compensation Case Brought by Frederick Barlow
From:	CHARLES PEPPLER
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of Proposed Settlement of Workers' Compensation Case brought by Frederick Barlow.

That the Board approve a proposed settlement in the sum of $8,000.00 payable to Frederick Barlow in exchange for a complete resolution of all claims for workers' compensation benefits. The County would be responsible for payment of the settlement sum.

BACKGROUND:

Mr. Barlow asserts a Workers' Compensation claim of hearing loss arising from a November 21, 1983 date of accident while employed with the Sheriff of Escambia County as a Sheriff's deputy. At that time, Escambia County had an interlocal agreement with the Sheriff to provide Workers' Compensation benefits for the Sheriff's employees. Thus far, the only benefits that have been paid are authorized medical treatment. For the past ten years he has been receiving treatment from an audiologist affiliated with the West Florida Medical Center Clinic. It appears that Mr. Barlow will continue to remain entitled to authorized medical care and treatment for his hearing condition for the foreseeable future. His hearing aids were recently replaced in April of 2019 at the cost of almost $7,000.00. Mr. Barlow has reported a worsening of his hearing loss, so it can be expected that his hearing aids will need to be replaced at more frequent intervals. Mr. Barlow is currently 82 years of age, and his life expectancy is approximately another 7 years. He has long been retired as a Sheriff's deputy.

A proposed settlement agreement was reached with Mr. Barlow in which he would be paid $8,000.00 in exchange for release of all future Workers' Compensation liability. Because the self-insured retention has not been exhausted, the County is ultimately responsible for reimbursing the settlement proposal. The proposed settlement would fully resolve any and all medical benefits, indemnity benefits and any other benefits under the Florida's Workers' Compensation Act to which the claimant could be entitled. The proposed settlement is well below the $25,000.00 threshold for review by the Center for Medicare Services and, therefore, a Medicare set-aside is not required.

Brian T. Hanley, an attorney with the Public Entity Legal Solutions law firm which represents the County in this proceeding has recommended settlement upon the terms set forth above.

BUDGETARY IMPACT:

The appropriate reserves from Internal Service, 501 Fund have been set to fund the self-insured retention portion of the settlement.

LEGAL CONSIDERATIONS/SIGN-OFF:

Retained counsel will prepare the settlement documents.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
No file(s) attached.