Agenda

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County Attorney's Report 14. 2.

BCC Regular Meeting

Action

Meeting Date:	03/07/2019
Issue: Approval of Proposed Settlement of Workers' Compensation Claims Brought by Ron Heilman
From:	CHARLES PEPPLER
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of Proposed Settlement of Workers' Compensation Claims Brought by Ron Heilman.

That the Board approve a proposed settlement in the sum of $25,000.00 payable to Ron Heilman in exchange for a complete resolution of all claims for Workers' Compensation benefits. The County would be responsible for payment in full of the settlement.

BACKGROUND:

The claimant is a 59-year old male who was formerly employed as an equipment operator by the County. On February 13, 2003, Mr. Heilman was involved in an accident in the course of his employment when he was struck by a tree. Mr. Heilman sustained severe injuries to his right upper leg and knee along with several other minor injuries. Given the circumstances, the accident and the resulting injuries were deemed compensable and medical and indemnity benefits have been provided.

Mr. Heilman was seen by Dr. William Smith, an orthopedic surgeon, who diagnosed a comminuted fracture of the right femur and subsequently performed open reduction and internal fixation surgery which included placement of hardware. Even after the surgery, Mr. Heiman continued to have pain. He underwent a second surgical procedure to remove two of the implanted screws. From the second surgery, he developed an infection and required an extended course of antibiotic therapy. After completion of this therapy, Dr. Smith determined that Mr. Heilman had reached maximum medical improvement and gave him a 2% impairment rating attributed to post-traumatic arthritis and residual pain.

Over the past fifteen years, Mr. Heilman has periodically sought ongoing medical treatment both here and in Tennessee where he relocated in 2009 when he resigned his employment from Escambia County. His Tennessee doctor diagnosed a medial meniscus tear in the knee of the leg that was broken and has causally linked the tear to the trauma he received. His Tennessee doctor has also determined that it may be necessary to remove more of the hardware from the initial surgery.

The parties and their counsel recently negotiated a provisional settlement (wash-out) releasing Escambia County and PGCS from future liability for Workers' Compensation benefits in exchange for a lump sum payment of $25,000.00. As noted above, the County would be entirely responsible for payment of his lump sum. However, the proposed agreement would fully and finally resolve any and all claims for medical benefits, indemnity benefits, attorney's fees, and costs. Mr. Heilman would also execute a general release, which would include a separation agreement, and a waiver of any other employment-related claims that he may have against the County. Brian T. Hanley, retained insurance counsel for the County, has recommended that the Board approve the proposed settlement.

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.