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County Attorney's Report 11. 1.
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| BCC Regular Meeting - Canceled |
Action |
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| RECOMMENDATION: |
Recommendation Concerning Settlement of Workers' Compensation Claim Involving Dwight Booker.
That the Board approve payment to the claimant, Dwight Booker, in the amount of $97,016.58 for an underpayment of Permanent Total Disability (PTD) benefits inclusive of penalties and interest regarding Mr. Booker’s workers' compensation claim, which will be reimbursed by the Special Disability Trust Fund (SDTF), exclusive of penalties and interest.
[Funding: Fund 501, Internal Service Fund, Balance Sheet Account 239898] |
| BACKGROUND: |
Dwight Booker is 60 years old and was born on October 21, 1955. He was employed with Escambia County as a maintenance worker. On May 15, 1989 he lifted bags of bottles into his pickup truck at work and sustained an injury to his low back, which led to Mr. Booker being administratively accepted by the carrier as permanently and totally disabled on May 13, 1991. He was accepted by the Social Security Administration to receive social security disability benefits on July 6, 1991 retroactive to November 1989. He had two minor children at the time. When paying permanent total disability benefits, the carrier also took a social security offset based on the maximum family benefits. Mr. Booker’s son turned 18 in 2001; his daughter turned 18 in 2005. PTD benefits continued to be paid; however, no adjustment was made to the amount of the social security offset.
Mr. Booker was also accepted for Special Disability Trust Fund (second injury) reimbursement. SDF-2s have been submitted since 2008. In 2015, the Special Disability Trust Fund investigated the social security offset and questioned the exact dates that Mr. Booker’s children were emancipated, the amount that social security reduced any benefits, and the amount by which the social security offset had been reduced. Because no downward adjustment was made to the social security offset when Mr. Booker’s son and daughter turned 18, there was an underpayment of PTD benefits.
Mr. Booker’s son turned 18 on September 14, 2001. The underpayment of PTD benefits from that date through February 28, 2005 was $8,342.27. Statutory interest on this amount is $12,920.15. Penalties are $1,668.15. The total past due for this period is $22,930.57.
Mr. Booker’s daughter turned 18 on March 1, 2005. The underpayment of PTD benefits from that date through March 17, 2016 is $38,801.49. Interest on this amount is $27,524.46. Penalties are $7,760.06. The total past due for this period is $74,086.01.
The total past due is $97,016.58. The interest amounts are based upon a payment date of May 13, 2016. In the event that the amounts are paid earlier, the interest payment will be reduced accordingly. Once this amount is reimbursed to Mr. Booker, the SDTF will reimburse the underpayment amounts, excluding penalties and interest.
George W. Boring of Public Entity Legal Solutions, the law firm representing the County, has recommended the underpayment be adjusted in this manner. |
| BUDGETARY IMPACT: |
| Funding: Fund 501, Internal Service Fund, Balance Sheet Account 239898 |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| Mr. Boring will take the necessary legal steps to address the underpayment and seek reimbursement from the Special Disability Trust Fund. |
| PERSONNEL: |
| N/A |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| N/A |
| IMPLEMENTATION/COORDINATION: |
| N/A |
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