Agenda Item Name:
title
Approve settlement of workers' compensation claim of Michael Oliver.
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Presenter:
Robert C. Swain, Deputy County Attorney
Description:
The County Attorney's office is requesting the Board's approval for settlement in the amount of $87,500.00 for the workers' compensation claim of Michael Oliver. Michael Oliver is a 53 year old retired firefighter who suffered a cardiac event during his employment with Alachua County. Under Florida law, absent an alternative cause for the condition, a firefighter who enters service without any evidence of heart disease is entitled to workers' compensation benefits for the condition. Mr. Oliver had no preexisting conditions, and so the County is liable for his ongoing care.
He has since retired, and wishes to settle his workers' compensation claim. The County has ongoing exposure for additional cardiac procedures over the course of his life, as workers' compensation benefits do not end absent the employee going a year without seeing a doctor -- which in our experience with heart claims is rare.
After some negotiation the figure of $87,500 has been reached as a settlement figure. In reaching settlements the amounts tend to be highly individualized, but this is within the range that these cases settle for when a contemporaneous resignation is not also negotiated. This amount will resolve all outstanding workers' compensation claims which may be open at this time.
Risk Management is in favor of this settlement as a way to control future exposure of claims like this. We have had claims similar to this which resulted in significant loss years after the employee retired. The County Manager agrees with the assessment of Risk Management, and recommends settlement.
According to Alachua County Code Sec. 28.06(b) all claims in excess of $50,000 from the Self Insurance Fund must be reviewed and recommended by the Risk Manager, County Manager, and the County Attorney prior to being authorized by the Board.
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