Agenda

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County Attorney's Report 14. 2.

BCC Regular Meeting

Action

Meeting Date:	06/10/2013
Issue: Settlement of Workers' Compensation Claim Involving Ann Brown
From:	Ryan Ross
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Settlement of a Workers' Compensation Claim Involving
Ann Brown

That the Board approve a settlement of the indemnity portion of former employee Ann Brown’s workers' compensation permanent total disability claim for a total sum of $147,596.87. This will discharge the County’s continuing obligation to pay permanent total disability benefits.

BACKGROUND:

Ann Brown is a 62-year-old female former data entry and maintenance mechanic employee, who first started working for the Escambia County Parks and Recreation Department in 1998. As part of her job duties, she performed manual labor that consisted of driving trucks, using augers to dig holes, pouring and finishing concrete, welding, and frequent raking/lifting activities. As a result of these repetitive activities, Ms. Brown was diagnosed with carpal tunnel syndrome and was eventually terminated by the County due to her inability to perform the essential functions of her job. Her average weekly wage/compensation rate was determined to be $432.50/$288.34. As a result of her injuries, Ms. Brown was accepted as being permanently and totally disabled on November 1, 2005. Previously, Dr. Richard Sellers had placed Ms. Brown at maximum medical improvement on March 9, 2005 with a 4% permanent partial impairment rating. She was also diagnosed with major depressive disorder by Dr. Scott Benson. Ms. Brown was later awarded Social Security Disability Benefits as a result of her condition.

The present value of Escambia County’s indemnity exposure is approximately $222,000.00. Escambia County’s total exposure, not including a discount factor, is approximately $333,000.00. The indemnity figure represents approximately 60% of its present value indemnity exposure and less than 50% of its total indemnity exposure. As a result, Escambia County’s third party adjuster, PGCS, definitely felt the indemnity portion of this settlement is in the best interests of the County. The excess insurer denied reimbursement on this claim. At this point, Escambia County has not yet reached the self-insured retention limit, but it must assume that the entire settlement amount will all be paid by the County without reimbursement. The County needs a definite approval amount from the Federal Centers for Medicare and Medicaid Services before settlement of the medical portion of the claim can go forward for Board approval.

BUDGETARY IMPACT:

N/A

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.