Joseph Boutwell went to work for Escambia County in 1981 and was hired by the Sheriff’s Department in 1986.  He was employed by the County as a deputy sheriff on May 9, 1990 when he was involved in a compensable motor vehicle accident and sustained multiple fractures.  An authorized treating physician diagnosed him with multiple areas of pain including his left elbow, thumbs, neck, low back, thoracic, left knee and hip.  The physician placed Mr. Boutwell at maximum medical improvement on November 14, 2007 and assigned a 20% permanent impairment rating.  Mr. Boutwell continued to work in various positions with the Sheriff’s Office until he retired in February 2006.

Mr. Boutwell filed a petition requesting permanent and total disability benefits.  The County disputed his inability to work and the parties retained experts who disagreed on this issue.  The parties attended a merits hearing in April 2008 before Judge Nolan Winn in Pensacola.  Following the hearing, Judge Winn adjudicated Mr. Boutwell permanently and totally disabled.  Mr. Boutwell has been paid permanent total disability benefits and permanent total supplemental benefits since this hearing.  To extinguish the County’s future liability for this claim, the parties negotiated and entered into a settlement agreement.  The total settlement amount is $266,112.48:  $200,000.00 is allotted to indemnity, $29,381.00 is allotted for the CMS-approved Medicare Set-Aside, and a guideline statutory attorney’s fee on that amount is $35,157.00.  The taxable costs are $1,574.48.  The County’s self-insured retention for this claim is $300,000.00.  Accordingly, all of the settlement proceeds are the responsibility of Midwest Casualty, the excess carrier for this claim.