Agenda Item Name:
Title
Workers' Compensation Settlement Agreement with Kevin Horton.
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Presenter:
Robert Swain, Deputy County Attorney
Description:
Approval of settlement of a workers' compensation claim by Kevin Horton.
Recommended Action:
Recommended Action
Approve the settlement for the reasons set forth below.
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Prior Board Motions:
N/A
Fiscal Consideration:
Fiscal Consideration
The proposed settlement amount is $60,000.00. Sufficient budget exists in the Self- Insurance fund to cover the settlement. (501.18.1853.513.45.69)
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Strategic Guide:
Strategic Guide
N/A
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Background:
This is being brought to the Board of County Commissioners pursuant to Sec. 28.06 of the Alachua County Code of Ordinances which limits the settlement authority of the County Manager to $50,000.
A Petition for Workers' Compensation Benefits was filed with the State of Florida on February 18, 2022 for firefighter Kevin Horton, a longtime employee with the Alachua County Fire Rescue. The Petition sought workers' compensation benefits under the heart presumption law as well as attorney fees/costs. This law is found at Section 112.18(1), Florida Statutes and provides that heart disease which becomes disabling during a first responder's career is treated as a workers' compensation injury unless the preemployment physical had evidence of heart disease or the condition could be proven to be unrelated to the employment. The parties attended a mediation on May 11, 2022, where both sides came to an agreed proposed settlement of $60,000.00, pending Board of County Commissioners' approval.
The Claim was initially defended on the lack of a documented preemployment physical when Mr. Horton was hired in 1991. However, during the 2022 Legislative Session this defense was essentially eliminated except in very few circumstances which did not apply here. There were other aspects of the case upon which a defense might have been made.
The settlement amount is less ...
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