Agenda

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County Attorney's Report 14. 1.

BCC Regular Meeting

Action

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

RECOMMENDATION:

Recommendation Concerning Approval of Proposed Settlement of Workers' Compensation Claims Brought by Gerald Frymire.

That the Board approve a proposed settlement in the sum of $45,000.00 payable to Gerald Frymire 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 74-year-old male who was formerly employed by the County as a Corrections Officer. On November 13, 1995, Mr. Frymire was involved in an accident in the course and scope of his employment while lifting a disabled inmate from a bathtub into a wheelchair. He sustained significant injury to his neck and a lesser injury to his lower back. Both the accident and resulting injuries were determined to be compensable and benefits have been provided under the Workers' Compensation Act.

Since the accident, Mr. Frymire has undergone extensive medical treatment. He has been diagnosed with cervical spondylosis, degenerative disc disease, facet syndrome and spinal stenosis. For the past fifteen years, Dr. Ruben Timmons, a pain management specialist, has provided conservative treatment, consisting of injections, pain medications, including anti-inflammatory medication. In 2017, a new physician took over pain management treatment for Mr. Frymire and added lidocaine topical ointment as well as a TENS unit.

Mr. Frymire has sustained compensable injuries that are still requiring continuing medical care and is reporting ongoing neck and bi-lateral shoulder symptoms that are consistent with the original trauma. He has averaged over the past three years $6,500.00 per year in medical benefits. Considering his life expectancy, future medical exposure could exceed $65,000.00. Mr. Frymire also has several medical conditions which are unrelated to his original accident, but which complicate treatment and would lead to increased costs in the future. As Mr. Frymire is a Medicare beneficiary, the Center for Medicare and Medicaid Services has approved a Medicare set-aside allocation in the amount of $20,438.00 to account for future medical care.

The parties and their counsel recently negotiated a provisional settlement agreement (wash-out) which would release the County and PGCS from future liability for Workers' Compensation benefits in exchange for a lump sum payment of $45,000.00. As the County's self-insured retention has not been exhausted, the Board would be responsible for payment of this lump sum. The proposed settlement would resolve all claims for Workers' Compensation benefits stemming from the November 13, 1995 accident. Mr. Frymire would also execute a general release which would include a separation agreement and waiver of any further employment-related claims that he may have against the County. Brian T. Hanley, our retained insurance counsel, has recommended that the proposed settlement be approved in light of the anticipated and substantial exposure for future medical claims.

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.