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  County Attorney's Report     12. 5.    
BCC Regular Meeting Action  
Meeting Date: 02/05/2015  
Issue:    Settlement of Workers' Compensation Claims Involving Anthony Jordan
From: Charles Peppler
Department: County Attorney's Office  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the Settlement of Workers' Compensation Claims Involving Anthony Jordan

That the Board approve a settlement of Anthony Jordan’s worker’s compensation cases for a total sum of $121,750 in exchange for the execution of a general release of all claims.
BACKGROUND:
           The claimant, Anthony Jordan, is a 50-year-old former Escambia County Sheriff’s Department police officer born on May 30, 1964. He first obtained employment with the Sheriff’s Department on December 2, 1996. Mr. Jordan retired from the Sheriff’s Department sometime in 2014 and is currently employed with the State of Florida Department of Insurance Fraud. The claimant’s average weekly wage, based on wages alone is $837.82 per week. The compensation rate is $522 per week.

           On March 12, 1999, while in the course and scope of his employment the claimant was involved in a motor vehicle accident which led to him being knocked unconscious. The claimant was taken via ambulance to Sacred Heart Hospital where he was treated and released. The claimant also had several other dates of accident that were previously closed. Those dates include April 19, 1998, December 26, 1998, July 19, 1999, September 11, 2000, September 9, 2003 and March 8, 2005. This settlement will resolve all claims/accidents. As a result of these accidents, Mr. Jordan has received extensive medical treatment, a summary of which can be obtained by contacting the County Attorney’s Office.

            This recommendation for settlement is predicated upon the recommendation of George H. Helm, III, an experienced worker’s compensation attorney retained by the County’s excess carrier for worker’s compensation cases.  According to Mr. Helm, the claimant has a life expectancy of approximately 28 years. The payout ledger shows that over the past 3 years more than $52,000 in medical expenses has been paid. The average is approximately $17,350 per year, although more recently the rate of expenditure dramatically increased due to numerous pain injection procedures and other medical treatment. While Mr. Helm does not believe this rate of expense can continue indefinitely, there is exposure to approximately $486,000 in medical expenses.  Even if recent increases in medical expenses are eliminated, the claimant’s life expectancy could result in approximately $299,000 in medical expenses.

           Settlement of $121,750 represents a significant savings in medical costs. Moreover, Mr. Jordan has a chronic back condition that may worsen with time. If this claim remains open, and the claimant retires, he could pursue and obtain permanent and total disability benefits (PTD) if he can show his injuries prevented him from engaging in employment. 20 years of PTD benefits starting 10 years from now, without even considering supplementals, will have a present value of approximately $256,500 based on a 4% discount factor.  Therefore, it is likely that, according to Mr. Helm, potential exposure on this claim is approximately $555,000.

           Mr. Jordan’s claims payout previously reached the limit of County’s self-insured retention. All settlement monies should be reimbursed by the excess insurer.  A total settlement in the sum of $121,750 will include execution by Mr. Jordan of a release of all workers’ compensation and other civil claims.
 
BUDGETARY IMPACT:
N/A
LEGAL CONSIDERATIONS/SIGN-OFF:
This recommendation was reviewed by Charles V. Peppler, Deputy County Attorney and it appears in accord with other recommendations made by Mr. Helm on behalf of the County.
PERSONNEL:
N/A
POLICY/REQUIREMENT FOR BOARD ACTION:
N/A
IMPLEMENTATION/COORDINATION:
N/A

Attachments
No file(s) attached.

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