Agenda

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County Attorney's Report 19. 1.

BCC Regular Meeting

Action

Meeting Date:	07/11/2013
Issue: Settlement of Workers' Compensation Claim Involving Sandra Ammons
From:	Ryan Ross
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Settlement of a Workers' Compensation Claim Involving Sandra Ammons

That the Board approve a washout workers' compensation settlement for former employee Sandra Ammons in the total amount of $152,534.00. In exchange for this settlement amount, Ms. Ammons will execute a general release of liability and waiver of future employment on behalf of Escambia County. An excess insurance carrier shall reimburse Escambia County 100% of this settlement amount.

BACKGROUND:

Sandra Ammons is a 65-year-old former emergency management technician. Ms. Ammons sustained a compensable industrial accident occurring on March 27, 1998 when she was attempting to lift a 280-pound patient and hit her left knee. She fell backward and injured her low back and left shoulder. An authorized treating physician has assigned light duty work restrictions and with her age of 65, there is a good chance that Ms. Ammons would ultimately be adjuciated permantely and totally disabled by a Judge of Compensation Claims. If she was awarded permanent total disability benefits by the Judge of Compensation Claims, she would be entitled to receive approximately 15 years of future benefits. The present value of Escambia County's future exposure for indemnity benefits is approximately $200,000. Furthermore, Escambia County's third-party adjuster projects future medical benefits totaling $146,995.00. Accordingly, the adjuster is recommending approval of a washout settlement in the amount of $152,534.00 because it represents significant savings for Escambia County. A portion of this settlement amount will be used to fund a Medicare set-aside that has been approved by the Center for Medical Services. This Medicare set-aside allocation can be funded with an annuity for a cost of approximately $87,534.00. An excess insurance carrier shall reimburse Escambia County for 100% of this settlement amount because Escambia County has exceeded its self-insured retention for this claim.

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.