| | | | | | | |  | ITEM 6.
County Attorney - Consent |
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| | | | | | | | | DATE: | December 7, 2021
| | DEPARTMENT: | County Attorney
| | REQUESTER: | Jennifer Gutmore
| | TITLE: | Approve Settlement of Workers’ Compensation Case of Lillie Boston v. Lee County |
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| | | | | | | | | I. | MOTION REQUESTED | | | Approve settlement in the workers’ compensation litigation case of Lillie Boston v. Lee County, OJCC# 20-14363FJC, in the amount of $110,000, including fees and costs. |
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| | | | | | | | | II. | ITEM SUMMARY | | | Approval of the proposed settlement resolves the case in its entirety against Lee County and avoids the uncertainty and increased costs of final hearing. Ms. Boston sustained injuries when she was rear-ended while driving a LeeTran bus. |
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| | | | | | | | | III. | BACKGROUND AND IMPLICATIONS OF ACTION |
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| | | | | | | | | | A) | Board Action and Other History | | | | Board Action and Other History (List enabling legislation, ordinance, controlling jurisdictions, previous policies, work, board direction, agenda items.)
On August 6, 2019, Ms. Boston, a 65-year-old woman, drove a LeeTran bus that was rear-ended. She reported pain to her head, neck, and upper back. Boston’s last day of employment was August 23, 2021. Boston has received two shoulder arthroscopies, but continued to complain of shoulder tightness. The doctor treating the shoulder placed her at maximum medical improvement with a 3% permanent impairment rating and restriction against lifting 20 pounds with left upper extremity. Future medical treatment will entail follow-up visits with an orthopedist, diagnostic testing, DME supplies, additional physical therapy, medications, and possible injections, repeat surgery, and/or a referral to a pain management physician. The present value for permanent and total disability benefits is $277,695.88, less any offset entitlement. Opposing counsel’s opening demand at State mediation is $445,000. After the State mediation ended in an impasse, the matter was set for private mediation. Both a vocational expert and surveillance were used to gather evidence prior to private mediation. Opposing counsel’s opening demand at the private mediation was for $261,500. Agreed settlement of this claim after private mediation is for $110,000 which includes attorney fees and costs. Settlement was negotiated using outside counsel. If this case continues to final hearing, it may result in significant expenses, including deposition fees for two physicians, outside attorney fees, and vocational expert fees. |
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| | | | | | | | | | E) | Options | | | | 1. Settle- resolves outstanding and future litigation.
2. Final hearing- increased further costs and exposes Lee County to future unknown liabilities.
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| | | | | | | | | | A) | Current year dollar amount of item:
| $110,000 | | | B) | Is this item approved in the current budget? | N/A | | | C) | Is this a revenue or expense item? | Expense | | | D) | Is this Discretionary or Mandatory? | N/A | | | E) | Will this item impact future budgets?
If yes, please include reasons in III(D) above.
| No | | | F) | Fund: Self Insurance loss
Program: Property and Liability
Project: Worker's Comp
Account Strings: GC5133857700.504540.01 | | | G) | Fund Type? | Other: Self Insurance | | | H) | Comments:
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| REVIEWERS: | | Department | Reviewer | Action | Date | | County Attorney | Wesch, Richard Wm. | Approved | 11/12/2021 - 3:50 PM | | Budget Services | Henkel, Anne | Approved | 11/18/2021 - 11:35 AM | | Budget Services | Winton, Peter | Approved | 11/18/2021 - 11:37 AM | | County Attorney | Gutmore, Jennifer | Approved | 11/18/2021 - 1:39 PM | | County Manager | Winton, Peter | Approved | 11/18/2021 - 3:35 PM |
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