Agenda

Back to Calendar Return

County Attorney's Report 8. 1.

BCC Regular Meeting

Action

Meeting Date:	08/20/2013
Issue: Settlement of Workers' Compensation Claim William Blackmon
From:	Ryan Ross
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Settlement on a Workers' Compensation Claim Involving William Blackmon

That the Board approves a washout workers' compensation settlement to former employee William Blackmon in the amount of $160,000.00, inclusive of all outstanding attorney's fees and costs. In exchange, Mr. Blackmon shall execute a general release of liability and waiver of employment on behalf of Escambia County.

BACKGROUND:

William Blackmon was a heavy equipment operator for Escambia County. He sustained three compensable industrial accidents on May 7, 2002 to the right knee, on October 24, 2002 to the right hand, and on November 25, 2002 that resulted in hearing loss. Mr. Blackmon reached maxium medical improvement for the right knee injury on January 9, 2003 with a 6% impairment rating. Since reaching maximum medical improvement, he has undergone conservative treatment including corticosteroid injections. The County adminstratively accepted Mr. Blackmon as permanently and totally disabled in January 2003 and he has been receiving permanent total disability benefits since that time.

Through counsel for its third party administrator, the parties have negotiated and entered into a settlement agreement releasing the County from liability for workers' compensation benefits in exchange for a lump sum payment to Mr. Blackmon. The County has agreed to pay Mr. Blackmon the sum of $160,000.00 inclusive of all attorney's fees and costs, to resolve any and all claims including the May 7, 2002 claim, the October 24, 2002 claim, and the November 26, 2002 claim. This settlement amount includes $39,079.00 for a Medicare set-aside as required by federal law. The Center for Medicare Services has approved this set-aside amount. If it does not settle these claims, the County has a continuing obligation to pay permanent and total disability benefits. Accordingly, this settlement represents substantial savings for the County since it will be discharged from this obligation.

BUDGETARY IMPACT:

Reserves are coordinated through Risk Management and the County's third-party carrier, Preferred Governmental Claims Solutions. Monies are paid out of Fund 501, Account 239898.

LEGAL CONSIDERATIONS/SIGN-OFF:

This agreement was reviewed by Ryan E. Ross, Assistant County Attorney.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
No file(s) attached.