Agenda

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County Attorney's Report 14. 2.

BCC Regular Meeting

Action

Meeting Date:	08/08/2013
Issue: Settlement of Workers' Compensation Claim Involving Steven Bates
From:	Ryan Ross
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Settlement of a Workers' Compensation Claim Involving Steven Bates.

That the Board approves a washout workers' compensation settlement on behalf of Steven Bates in the amount of $74,108.67, inclusive of attorney's fees and costs. In exchange for this settlement amount, Mr. Bates shall execute a voluntary resignation and general release of liability on behalf of Escambia County.

BACKGROUND:

Steven Bates sustained a compensable left knee injury in 1992. He underwent surgery and was placed at maximum medical improvement in 1994. In 2009, Mr. Bates injured his left knee again in a subsequent compensable accident while working for the Sheriff’s Office. He underwent further surgery. Subsequent to these surgeries, Mr. Bates developed degenerative arthritis in his left knee. A series of physicians disagreed over how to apportion causation for the arthritic condition between the 1992 injury and the 2009 injury. Consequently, the Judge of Compensation Claims appointed an expert medical advisor to resolve these conflicts in opinions. In a very thorough 18-page report, the EMA physician, Dr. Mark Williams, opined that Mr. Bates has degenerative arthritis and suffered an acute injury in 2009. He further opined that the degenerative arthritis developed post-traumatically following the surgery in 1993 and that the post-traumatic arthritis was aggravated by the 2009 injury. He concluded that 50% of Mr. Bates’ current knee condition and need for treatment was the result of the 1992 accident and 50% was a result of the 2009 accident. Under Chapter 440, Florida Statutes, Dr. Williams' opinion is presumed to be correct.

All of the treating physicians, IME physician and the EMA physician were in agreement that Mr. Bates will require a total knee replacement. Moreover, Mr. Bates is only 53 years old and thus it is likely that he will need two total knee replacements over the course of his lifetime. There would be temporary indemnity exposure for the recovery period surrounding any knee surgery. Further, given the possibility of a poor surgical result, there would also be the possibility of a permanent total disability claim. In addition, Mr. Bates also alleged he received demotions as a result of his even filing a workers' compensation claim. Although he has not yet filed any type of harassment or retaliation claim, this settlement closes out that possibility.

Based on the foregoing, the parties have agreed to settle the 1992 workers' compensation claim and any and all workers' compensation claims against the County for $74,108.67, inclusive of attorney’s fees and costs. (The Sheriff’s insurance carrier is paying a slightly lower amount ($73,508.97) due to a difference in statutory attorney’s fees calculations based on the date of accident.) This settlement forecloses all workers' compensation claims against the County, and potential employment claims, harassment or retaliation claims, and eliminates the substantial risk of much greater financial exposure in the future.

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.