Agenda

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County Attorney's Report 9. 1.

BCC Regular Meeting

Action

Meeting Date:	05/02/2019
Issue: Approval of Proposed Settlement of Workers' Compensation Claims Brought by Laura Petrill-Knisbell
From:	CHARLES PEPPLER
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of Proposed Settlement of Workers' Compensation Claims Brought by Former Employee Laura Petrill-Knisbell.

That the Board approve a proposed settlement agreement in the sum of $550,000.00 inclusive of any and all medical and indemnity benefits, attorney's fees and costs to which Ms. Laura Petrill-Knisbell might be entitled under the Florida Workers' Compensation Act. If the proposed settlement agreement is approved, Midwest Employers Casualty Company, the excess insurer for this claim, will be ultimately responsible for reimbursing and paying the full amount of the settlement.

BACKGROUND:

Ms. Petrill-Knisbell is a 61-year-old woman who was employed by Escambia County for over fifteen years as an EMT. On May 2, 1997, she sustained injuries to her right shoulder, neck and back while lifting a patient onto a stretcher in the course and scope of her employment. The accident and her injuries were accepted as compensable and benefits have been provided since the time of her accident.

The Claimant has undergone extensive medical treatment. In January of 2003, she was given a 10% permanent impairment rating, after having reached maximum medical improvement. She has also been given significant restrictions in her physical activities by her treating physicians. On May 5, 2001, she was accepted as being permanently and totally disabled and has continued, since that time, to receive permanent total disability and supplemental benefits.

Over the past several years, Ms. Petrill-Knisbell has received extensive pain management treatment which have been largely unsuccessful in alleviating her symptoms. Over the past several years, annual medical expenses have totaled more than $15,000.00. Over the course of her life expectancy, medical expenditures could exceed $350,000.00. As Ms. Petrill-Knisbill is continuing to receive permanent total disability and supplemental benefit payments, the present value of such benefits equals to more than $350,000.00 in additional exposure over the course of her life expectancy.

In accordance with Section 440.20(11) Fla. Stat., the parties and their respective counsel recently negotiated a proposed settlement agreement releasing the County and its insurers from present and future liability for Workers' Compensation benefits in exchange for a lump sum payment of $550,000.00. The excess insurer will be paying this settlement in full. In connection with the settlement, Ms. Petrill-Knisbell will also execute a general release which will include a waiver of any employment-related claims that she may assert against the Board. Brian T. Hanley, retained counsel for the County, respectfully recommends that the Board approve the proposed settlement agreement given the anticipated and potential exposure for present and future benefits as well as the cost of ongoing litigation.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Mr. Hanley will prepare the settlement documents.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
No file(s) attached.