Agenda

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County Attorney's Report 14. 1.

BCC Regular Meeting

Action

Meeting Date:	01/24/2019
Issue: Approval of Proposed Settlement of Workers' Compensation Claims Brought by Peggy Spivey
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of Proposed Settlement of Workers' Compensation Claims Brought by Peggy Spivey.

That the Board approve a proposed settlement in the sum of $93,042.00 payable to Peggy Spivey 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:

Ms. Spivey is a 71 year old retired detention deputy who was employed by Escambia County. On September 5, 2005, she was involved in a compensable accident when she tripped over a metal door stop and fell to the floor. She sustained an injury to her right knee. Following the accident, Ms. Spivey underwent a right knee arthroplasty (knee replacement) and was given an 8% permanent impairment rating. In the ten years following, she received conservative treatment by her orthopedic surgeon. However, in September of 2018, she was reevaluated by the orthopedic surgeon who determined that her bilateral knee pain was the result of arthritis and that she is a likely candidate for a second right knee replacement. Her medical expenditures so far have been more than $53,000.00. If she were to undergo a second knee replacement, then she would be entitled to temporary indemnity benefits of as much as $20,000.00 or more.

Our third-party adjuster, PGCS, has entered into a Medicare set-aside agreement with the Center for Medicare/Medicaid Services in the sum of $90,542.00. The proposed settlement would include the CMS-approved Medicare set-aside agreement plus an additional $2,500.00 to resolve any additional benefits to which Ms. Spivey may be entitled. The County's self-insured retention has not been exhausted. Therefore, the County would be responsible for reimbursing PGCS all of the settlement funds. Brian T. Hanley of the Law Firm of Bolton, Helm and Augustine is the attorney retained by PGCS to represent the County. He is recommending that the Board approve the proposed settlement as it would fully resolve any and all medical benefits, indemnity benefits, attorney's fees to which Ms. Spivey would be entitled and would foreclose any further exposure to the County for any Workers' Compensation benefits.

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.