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County Attorney's Report 12. 1.

BCC Regular Meeting

Action

Meeting Date:	08/01/2019
Issue: Approval of Proposed Settlement of Workers' Compensation Claim Brought by Joseph DeJoie, III
From:	CHARLES PEPPLER
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of Proposed Settlement of Workers' Compensation Claim Brought by Joseph DeJoie, III

That the Board approve a proposed settlement agreement in the sum of $35,000.00 payable to Joseph DeJoie, III in exchange for a resolution of Mr. DeJoie's claim relating to an October 30, 1995 accident. The self-insured retention has been exceeded and Midwest Employer's Casualty, the excess carrier for this claim, will be responsible for the full amount of the settlement.

BACKGROUND:

Mr. DeJoie is a 61-year-old male who was hired by the Escambia County Sheriff's Office as a deputy sheriff in October of 1994. He retired effective February 22, 2013.

On October 30, 1995, Mr. DeJoie was injured in the course and scope of his employment when he was thrown from an all-terrain vehicle which landed on top of him. As a result of the accident, he sustained compensable injuries primarily to his head, neck, chest and upper extremities. Since this accident, Mr. DeJoie has undergone extensive medical treatment. He has had two right shoulder fixation procedures. On October 7, 2006, Mr. DeJoie had a second accident which aggravated the injuries to his neck, and which resulted in a cervical fusion in 2011. The October 7, 2006 accident is the subject of a separate Workers' Comp. claim.

With respect to his October 30, 1995 accident, Mr. DeJoie's medical care is primarily limited to ongoing migraine headaches. Although he is currently treating on an annual basis with a neurologist, there has been increasing costs associated with hospitalization for testing and monitoring related to the headaches. Since his accident over twenty years ago, Mr. DeJoie has incurred more than $300,000.00 in medical treatment costs. Over the past three years, the medical expenditures have averaged $3,700.00 per year. Over the course of a twenty-one year life expectancy, medical expenditures could exceed $77,000.00.

Pursuant to Section 440.20(11), Fla. Stat., the parties recently negotiated a provisional settlement agreement releasing the Escambia County Board of County Commissioners and PGCS from future liability for Workers' Compensation benefits for this accident in exchange for a lump sum payment of $35,000.00. Midwest Employer's Casualty Company has approved of this settlement and would be responsible for the full payment of the settlement proceeds. The October 7, 2006 claim would remain outstanding. Brian T. Hanley, retained Workers' Compensation Insurance counsel for the County, has recommended that the Board approve this proposed settlement due to the potential exposure for future medical claims from the 1995 accident.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Brian T. 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.