Agenda

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County Attorney's Report 15. 1.

BCC Regular Meeting

Action

Meeting Date:	07/24/2014
Issue: Settlement of Workers' Compensation Claim Involving Kenneth Gilmore
From:	Ryan Ross
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Settlement of a Workers' Compensation Claim Involving Kenneth Gilmore

That the Board approve a washout workers compensation settlement for former employee Kenneth Gilmore in the amount of $159,338.00, inclusive of attorney’s fees and costs. An excess carrier shall reimburse Escambia County for $63,511.20 of this settlement amount.

BACKGROUND:

Kenneth Gilmore is a 57-year-old male who began working for Escambia County as a paramedic on June 28, 1993. On January 22, 2003, Mr. Gilmore was attempting to move a heavy piece of equipment into a vehicle when he slipped, and the equipment fell on top of him. As a result of the accident, he sustained injuries to his lower back, right hip, and left shoulder. For reasons unrelated to his injury, Mr. Gilmore is no longer employed with the County.

As a result of his work-related injuries, Mr. Gilmore has received substantial medical treatment. (A detailed medical history may be obtained by contacting the County Attorney’s Office.) His current authorized treating physician has opined that he is permanently and totally disabled, and Mr. Gilmore has qualified for Social Security Disability benefits. In lieu of pursuing permanent and total disability benefits, Mr. Gilmore has negotiated a washout workers compensation settlement in the amount of $159,338.00, inclusive of attorney’s fees and costs. In exchange for this settlement amount, Mr. Gilmore will execute a general release discharging all County liability for workers compensation benefits and for any other claims he may have against the County. This settlement figure represents significant savings from the projected future cost of continuing permanent and total disability benefit payments. Because this settlement figure will exceed the County’s self-insured retention limit for this claim, an excess carrier will reimburse the County for $63,511.20 of this settlement amount. This settlement includes a $39,338.00 allocation to fund a Medicare Set-Aside as required by federal law; the Center for Medicare & Medicaid Services has approved this allocation.

BUDGETARY IMPACT:

N/A

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.