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County Attorney's Report 13. 2.

BCC Regular Meeting

Action

Meeting Date:	09/20/2018
Issue: Approval of Proposed Settlement of Workers' Compensation Claims Brought by James Kite
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of Proposed Settlement of Workers' Compensation Claims Brought by James Kite.

That the Board approve a proposed settlement in the sum of $50,000.00 payable to James Kite which would constitute a complete resolution of Mr. Kite's outstanding Workers' Compensation claims, including all medical and indemnity benefits to which he may be entitled. The Board would be responsible for full payment of the settlement, if approved.

BACKGROUND:

James Kite is a 48-year old male who was employed by the County for over twenty years as an Equipment Operator. He recently retired from the County. During the course of his employment, Mr. Kite was involved in two significant compensable accidents. The first was on January 3, 1997, when he fell 12-15 feet from a dirt embankment and sustained injury to his right shoulder. Three years later on October 25, 2000, he was pulling himself into a dump truck and sustained an injury to his left shoulder.

Mr. Kite underwent treatment for both shoulders and was given a 5% permanent impairment rating for the right shoulder after an arthroscopy was performed. He also underwent a left shoulder arthroscopy and was given a 4% permanent impairment. Mr. Kite will likely be entitled to ongoing medical treatment for both shoulders for the remainder of his life. Future medical expenditures could easily exceed $100,000.00.

Mr. Kite and the adjuster for PGCS negotiated a provisional settlement agreement releasing the County from any further liability for Worker's Compensation benefits in exchange for a lump sum payment of $50,000.00. This proposed settlement would include all benefits to which he may be entitled from the claimed accidents. The County would fully fund this settlement. Furthermore, in light of significant future medical and indemnity benefits exposure, Brian T. Hanley, the County's retained Workers' Compensation attorney, respectfully recommends that the Board approve the proposed settlement agreement.

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:

Mr. Hanley will prepare the settlement documents.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
No file(s) attached.