Agenda

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County Attorney's Report 12. 3.

BCC Regular Meeting

Action

Meeting Date:	05/07/2020
Issue: Approval of Proposed Settlement of Workers' Compensation Claims Brought by Ray Boutwell
From:	CHARLES PEPPLER
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of Proposed Settlement of Workers' Compensation Claims Brought by Ray Boutwell.

That the Board approve a proposed settlement in the sum of $70,000.00 payable to Ray Boutwell in exchange for a complete resolutions of all claims to benefits to which Mr. Boutwell would be entitled under the Florida Workers' Compensation Act. The settlement sum would be reimbursed by the excess carrier.

BACKGROUND:

Ray Boutwell is 61 years old and sustained his injuries as a result of an accident in the course and scope of his employment with the Department of Public Works of Escambia County when he was operating heavy equipment on July 25, 2006 and was struck from behind by a dump truck. Since that time, Mr. Boutwell has undergone extensive treatment for injuries to the neck, back, arm and leg. He received cervical discectomy and fusion procedures in 2011 and 2016, plus a posterior lumbar fusion in 2012. He has had extensive medical treatment involving physical therapy, injections and other pain management techniques. Mr. Boutwell has been unable to return to work and was determined to be permanently and totally disabled. In 2012, his claim for future indemnity benefits was setted in the sum of $200,000.00.

Thus far, Mr. Boutwell has incurred $700,000.00 in medical benefits since the date of the accident. In recent years, Mr. Boutwell has been weaning himself from pain medications to the point where he is utilizing only $4,000.00 in medical benefits over the past two years. The Centers for Medicare and Medicaid Services have agreed upon and approved a Medicare set-aside of $16,793.00. However, given the severity of his injuries, the likelihood of a catastrophic event is substantially greater because of the extent of his injuries and medical treatment. A further catastrophic event would greatly exceed the proposed settlement amount of $70,000.00.

Pursuant to Section 440.20(11), Fla. Stat. (the washout settlement procedure), the parties negotiated a provisional settlement agreement which would release Escambia County Board of County Commissioners and PGCS, the third-party administrator, from future liability for medical benefits in exchange for the payment of $70,000.00. Because the self-insured retention has been exhausted, the excess insurance carrier will be ultimately responsible for payment of and reimbursing all proposed settlement funds. The excess carrier has already agreed and approved the proposed settlement amount. This proposed settlement would resolve any and all benefits, including attorney's fees and costs, to which Mr. Boutwell would be entitled in connection with the claim. Retained counsel for the County and the Workers' Compensation carrier, Brian T. Hanley, recommends that the Board of County Commissioners approve the proposed settlement agreement.

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.