Title:
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Approve the proposed updated negotiated settlement of the workers’ compensation claim of a retired Roads-Stormwater equipment operator stemming from a 2016 workplace injury for the total amount of $114,837, inclusive of attorney’s fees and costs. Countywide (Lorie Bailey Brown, CFO/Resource Management Director)
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Division:
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Resource Management - Risk Management
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Authorized By:
Lorie Bailey Brown, CFO/Resource Management Director
Contact/Phone Number:
Ralph Caravello/407-665-5258
Background:
On March 25, 2025, a settlement was approved in the amount of $107,902.23 for Claim #731925 stemming from a workplace injury in 2016 from a retired Roads-Stormwater Equipment Operator. Since Board approval on March 25, 2025, the cost of the annuity to fund the Medicare Set-Aside increased by $6,935 due to a reversionary clause being added in. Under the terms of the negotiated settlement, the claimant agrees to a complete, entire and final release and waiver of all benefits - past, present, and future - that the claimant is, or may be entitled to under Chapter 440, Florida Statutes, for this claim, and any other claims, causes of action or rights that the claimant may have. The claimant agrees, if he dies before the funds in the Medicare Set-Aside Account are depleted or the annuity is exhausted, the balance of these accounts shall revert to the County in accordance with applicable Medicare Set-Aside rules. The cost of the annuity-funded Medicare Set-Aside was recalculated from $37,902 approved on March 25th to $44,837 because the reversionary cost of the annuity was not included in the calculation. The settlement difference is an increase of $6,935 for a total settlement amount of $114,837.
Requested Action:
Staff requests the Board approve the proposed negotiated settlement of all outstanding claims, causes of action or rights that the claimant has or may have for the new amount of $114,837, inclusive of attorney fees and costs, and authorize staff and counsel to execute all necessary settlement documents.