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County Attorney's Report 10. 1.

BCC Regular Meeting

Action

Meeting Date:	11/05/2020
Issue: Proposed Settlement of Workers' Compensation Claim Brought by Former Sheriff's Deputy James Salter.
From:	CHARLES PEPPLER
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Proposed Settlement of Workers' Compensation Claim Brought by Former Sheriff's Deputy James Salter.

That the Board approve a global settlement agreement in the sum of $83,250.00. The proposed settlement would constitute a full resolution of any and all medical and indemnity benefits, attorney's fees and costs to which James Salter and his attorney may be entitled under the Florida Workers' Compensation Act. All settlement funds would be reimbursed by excess carriers, Liberty Mutual and AmeriTrust.

BACKGROUND:

James Salter is a 74-year-old former Master Sheriff's Deputy for the Escambia County Sheriff's Office, who sustained injuries as a result of a motor vehicle accident occurring on March 22, 2007, while in the course and scope of his employment. He sustained hematomas to the left side of his head, fractures of his left acetabulum (hip) and left elbow, as well as multiple pelvic and rib fractures, including transverse process fractures to his spine at the L1 and L2 levels and the L3 and L5 levels. He also sustained compression fractures at Levels L3 and L5. He underwent multiple in-hospital surgeries and his stay in the hospital extended for six weeks.

As would be expected, Mr. Salter undertook an extensive period of rehabilitation, but was left with a 10% permanent impairment rating to his left hip. He continues receiving pain management treatment, but was given a whole-body permanent impairment rating of 21%.

Over the past decade, Mr. Salter has pursued treatment for ongoing symptoms through Dr. Barry Lurate, an orthopedic surgeon, and Dr. Harris, a pain management specialist. The treatment has consisted primarily of prescription medication, occasional injections to the spine, diagnostic studies, and physical therapy. Mr. Salter's care has generated over $300,000.00 in medical expenses since the original date of accident. As Mr. Salter is a current Medicare beneficiary, a Medicare set-aside proposal approval by the Centers for Medicare and Medicaid Services was obtained in the sum of $60,347.00 for Mr. Salter's remaining life expectancy. Future medical costs could escalate due to the possibility of another hip surgery.

The parties and their counsel negotiated a provisional settlement in which the Escambia County Board of County Commissioners and PGCS would be released from future liability for Workers' Compensation benefits in exchange for the lump sum payment of $83,250.00. The self-insured retention level has been exhausted and, therefore, the excess insurance carriers, Liberty Mutual and Ameritrust, will be ultimately responsible for payment of the settlement. The excess carriers have already approved the proposed settlement amount. Brian Hanley, the attorney retained by PGCS to represent the County in this matter, recommends the settlement as proposed, be approved by the Board.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Retained insurance 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.