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County Attorney's Report 14. 1.

BCC Regular Meeting

Action

Meeting Date:	10/03/2019
Issue: Approval of Proposed Settlement of Workers' Compensation Claims Brought by Former Deputy Sheriff Joseph DeJoie, III
From:	CHARLES PEPPLER
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of Proposed Settlement of Workers' Compensation Claims Brought by Former Deputy Sheriff Joseph DeJoie.

That the Board approve a proposed settlement in the sum of $195,000.00. The proposed settlement agreement would constitute a complete resolution of all outstanding Workers' Compensation claims stemming from the October 7, 2006 compensable accident. The excess insurance carriers, Liberty Mutual and Ameritrust, would be responsible for payment in full.

BACKGROUND:

Joseph DeJoie, III is a 61-year-old male who was a deputy sheriff from October 1994 until February 22, 2013 when he retired. Mr. DeJoie was involved in several accidents as a deputy sheriff. On October 7, 2006, he sustained an injury to his neck during an altercation with a suspect. Subsequently, he experienced pain radiating into his arms. Eleven years before this accident, he sustained a similar injury to his neck on October 30, 1995. The 1995 claim involves a different excess insurance carrier which is being separately negotiated for a proposed settlement.

The October 7, 2006 accident has resulted in Mr. DeJoie undergoing extensive medical treatment. His treatment began conservatively, but then based on the recommendation of a neurosurgeon, Dr. Charles Wolff, Mr. DeJoie underwent a decompression procedure of a previously performed C6-C7 fusion relating to his 1995 accident. As the decompression procedure was not successful, Mr. DeJoie was referred to a pain management specialist. He eventually reached maximum medical improvement (MMI) with 11% permanent impairment rating that was attributable to both the 1995 and 2006 accidents. After the decompression surgery, his neck did not respond to conservative treatment. He then underwent a four-level discectomy and fusion procedure on December 7, 2011. The surgery and physical therapy that followed resulted in an increased permanent impairment rating of 15%. Since reaching maximum medical improvement from the most recent surgery of 2011, Mr. DeJoie has undergone pain management and rehabilitative treatment under the supervision of various doctors. He is currently in the care of two specialists.

Since the October 7, 2006 accident, Mr. DeJoie has incurred just under $175,000.00 in medical benefits which equates to more than $13,000.00 per year. A medical costs projection forecasted approximately $230,000.00 in future medical costs over Mr. DeJoie's life expectancy. The parties recently negotiated a proposed settlement that would release the County and its third-party administrator, PGCS from future liability for Workers' Compensation benefits in exchange for a lump sum payment of $195,000.00. The excess insurance carriers, Liberty Mutual Insurance Company and Ameritrust, will be responsible for providing reimbursement for the full amount of the settlement. The County's retained counsel, Brian T. Hanley of Bolton, Helm and Augustine, recommends this settlement in light of the significant and continuing exposure for medical benefits during Mr. DeJoie's expected lifetime.

BUDGETARY IMPACT:

N/A

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.