Ellis McGlothren was a heavy equipment operator with the Escambia County Solid Waste Department. On July 28, 1992, Mr. McGlothren was operating a bulldozer when a wooden pallet fell across the blade of the bulldozer. As he pushed the pallet off the bulldozer, it struck him across his left forearm and hand. He suffered a forearm contusion. He also suffered Kienböck's disease. In addition, he had a left shoulder strain and degenerative disc disease as well as left elbow medial epicondylitis and cubital tunnel syndrome. He was placed at maximum medical improvement in November 2001. Thereafter, the claimant continued conservative treatment.

In 2002, the County administratively accepted Mr. McGlothren as permanently and totally disabled. The present value of future permanent total disability benefits exceeds $400,000.00 and the projected future medical costs are estimated at approximately $45,000.00. Through an attorney for its third-party adjuster, the County has negotiated a proposed washout settlement in the amount of $240,000.00, inclusive of all attorney’s fees and costs. Because this claim has exceeded the County’s self-insured retention, Mid-West, the excess carrier for this claim, shall reimburse the County for 100% of the settlement value.