Agenda

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County Attorney's Report 9. 2.

BCC Regular Meeting

Action

Meeting Date:	03/03/2016
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 additional payment to the Claimant, Connie Tidwell, in the sum of $5,133.00 for a total of $160,000.00 inclusive of all outstanding attorney's fees and costs for a full and complete settlement of Ms. Tidwell's workers' compensation claim.

BACKGROUND:

This Board approved a workers' compensation settlement of Ms. Tidwell's claim at a regularly scheduled meeting of November 5, 2015 in the sum of $154,867.00. However, Ms. Tidwell's former attorney asserted entitlement to additional fees beyond the authorized amount of $9,867.00. The County's excess carrier extended authority to resolve the fee lien for an additional $5,133.00 which was more than the amount approved by the Board on November 5, 2015. Because the expenditures in this case have exceeded the self-insured retention level, any additional funds would be paid by the excess carrier.

Therefore, it is the recommendation of this office, as well as the attorney retained by League of Cities to represent the County in the workers' compensation matter, that this Board authorize an additional $5,133.00 for resolution of the attorney fee lien. Of the settlement sum, Escambia County will be responsible for $38,928.23. The excess carrier will pay the rest, including the additional $5,133.00.

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, the excess carrier, 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.