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  County Attorney's Report     8. 3.    
BCC Regular Meeting Action  
Meeting Date: 08/20/2013  
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 approves a settlement of the medical portion of former employee Ann Brown's workers' compensation claim for $41,276.65, inclusive of attorney's fees and costs. The Board has previously settled the indemnity portion of her workers' compensation claim, and this second settlement will completely discharge Escambia County's liability for this workers' compensation claim.
BACKGROUND:
Ann Brown is a 62-year-old former employee who was employed by Escambia County as a maintenance mechanic. As a result of repetitive work-related activities, she developed carpal tunnel syndrome and was eventually terminated by the County due to her inability to perform the essential functions of her job and was accepted as permanently and totally disabled on November 1, 2005.  Dr. Richard Sellers 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 conditions.)

Through counsel for its third party adjuster, the parties negotiated a washout settlement of the entire workers compensation claim. However, because Ms. Brown has Medicare coverage, the parties needed to obtain the Center for Medicare Services' approval of a Medicare set-aside allocation. CMS ultimately approved a total sum of $39,658.29, but the County can fund this amount with an annuity at a total cost of $26,842.41. This additional settlement is necessary to completely discharge the County's future liability for this claim. Ms. Brown has already executed a general release for non-workers' compensation liability on behalf of the County.
BUDGETARY IMPACT:
Reserves are coordinated through Risk Management and the County's thrd-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.

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