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County Attorney's Report 13. 1.

BCC Regular Meeting

Action

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

RECOMMENDATION:

Recommendation Concerning Approval of Proposed Settlement of Workers' Compensation Claim Brought by Cynthia Dean.

That the Board approve a proposed settlement in the sum of $107,500.00 payable to Cynthia Dean which would constitute a complete resolution of Cynthia Dean's outstanding Workers' Compensation claim, including all medical and indemnity benefits to which she may be entitled. The Board would be responsible for full payment of the settlement, if approved.

BACKGROUND:

Cynthia Dean is a female who was employed for over twelve years by the County. At the time of her accident, she was a Judicial Specialist and injured herself on June 12, 2007, when descending a set of stairs, she slipped and fell down several steps. As a result of this compensable accident, she sustained injuries to her neck, back, left arm, left knee and left hand.

Medical treatment ensued and she was seen by Dr. Jones, a local physiatrist. He diagnosed Ms. Dean with a disc herniation at the L5-S1 level of her low back and referred Ms. Dean to a pain management specialist who administered a series of epidural steroid injections. Dr. Jones then recommended that she be seen by a neurosurgeon after these treatments did not relieve her pain.

Dr. Giovanini, a neurosurgeon, recommended fusion of the low back at the L5-S1 level, together with removal of disc and bone material. After Ms. Dean reached maximum medical improvement, Dr. Giovanini imposed a 12% permanent impairment rating. Over the next several years, Ms. Dean has sought conservative treatment to alleviate the pain in her low back. In June 2013, Ms. Dean retired from the County but within a year became employed by the Escambia County School Board where she is still employed at the present time.

Because Ms. Dean continues to experience significant symptoms, it is expected that for the remainder of her 19-year life expectancy that she will need approximately $200,000.00 in future medical treatment. In an effort to quantify future medical exposure, PGCS obtained a Medicare set-aside projection of $91,000.00. While the medical benefits appear to be the most likely source of future costs, if Ms. Dean's condition deteriorates or restricts further physical activities, then the County would be exposed to payment of indemnity benefits.

The parties recently negotiated a provisional settlement agreement releasing the County and PGCS from future liability for Workers' Compensation benefits in exchange for a lump sum payment of $107,500.00. The provisional agreement will resolve all potential benefits to which Ms. Dean would be entitled from her 2007 accident. The Board would fully fund this proposed settlement. In light of the substantial anticipated exposure for medical and indemnity benefits, Brian T. Hanley, the County's retained Workers' Compensation lawyer, recommends 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
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