Agenda

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County Attorney's Report 12. 1.

BCC Regular Meeting

Action

Meeting Date:	11/05/2015
Issue: Connie Tidwell's Workers' Compensation Settlement
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Connie Tidwell's Workers' Compensation Settlement

That the Board approve payment to the claimant, Connie Tidwell, in the sum of $154,867.00 inclusive of all outstanding attorney's fees and costs for a full and complete settlement of Ms. Tidwell's workers' compensation claim.

BACKGROUND:

Connie Tidwell is a 57 year old former Corrections Officer for Escambia County. She is currently retired from the County. On September 22, 1989, while employed as a Corrections Officer, Ms. Tidwell was participating in a training exercise and lifted an ice chest from her car, resulting in a compensable low back injury. Ms. Tidwell came under the care of Dr. Paul Turner who diagnosed lumbar post-laminectomy syndrome, low back pain with radiculopathy or myelopathy, lumbar facet arthropathy, lumbar spinal stenosis, lumbar degenerative disc disease, left leg sciatica, and lumbar spondylosis. Dr. Turner placed Ms. Tidwell at maximum medical improvement on February 1, 2001 and assigned a 16% permanent impairment rating.

Ms. Tidwell continues medical treatment for pain management. The average yearly cost of medications is $7,725.00 per year. Ms. Tidwell has a 26.4 year life expectancy. Future medical exposure is $467,940.00. Thus, the proposed settlement represents about 31% of future medical exposure.

The carrier is not currently paying any indemnity benefits. Ms. Tidwell is not a Medicare recipient and CMS approval of an MSA is not necessary.

Under Section 440.20(11)(b), Fla. Stat., the parties negotiated through the County's workers' compensation attorneys retained by carrier and entered into a settlement agreement releasing the employer/carrier from liability for workers' compensation in exchange for a lump sum payment of $154,867.00 to the claimant. The settlement will close out all benefits including medicals, indemnity, and the outstanding attorney's fee lien.

Of the settlement sum, as of this date, Escambia County will be responsible for $38,928.23 and Safety National, the carrier, will pay the rest. Both this office and Mr. Robert Dye, Risk Manager, are in agreement with the recommended settlement.

BUDGETARY IMPACT:

Payment of $38,928.23 as part of County's self-insured retention.

LEGAL CONSIDERATIONS/SIGN-OFF:

The attorneys retained by Safety National will prepare washout settlement documents and take the necessary steps to have the washout settlement approved by the Judge of Industrial Claims.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
No file(s) attached.