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gD <br /> Indian River County, Florida <br /> (W Memorandum <br /> TO: Joseph A. Baird, County Admimst <br /> THROUGH: Jason Brown, Director, OMB <br /> FROM: Beth Martin, Risk Managern� <br /> DATE: May 28, 2013 I�` <br /> SUBJECT: Mediated Settlement; Beverly Hatfield <br /> It is requested that the Board of County Commissioners consider the following Consent <br /> Agenda item at their June 18, 2013 regular meeting. <br /> Background <br /> Beverly Hatfield, a former landfill scale house operator, fell from a chair on August 12, <br /> 2005, injuring her back. She has had multiple surgeries. She has been administratively <br /> accepted as permanently, totally disabled by workers' compensation and Social Security <br /> disability benefits are pending. To date, $447,570.08 has been paid on this claim and an <br /> additional $276,429.92 is reserved. The proposed settlement of $295,000.00, if <br /> (W approved, will be paid by the County and then recovered from the two excess insurance <br /> companies; Princeton will pay the settlement portion that lies between $400,000.00 and <br /> $600,000.00 of the total claim and MidWest will pay above $600,000.00. Both carriers <br /> have approved the settlement and encourage the County to accept it as being in the best <br /> financial interests of the County and the insurers. <br /> Recommendation <br /> On May 22, 2013 the County's Claims Review Committee consisting of the County <br /> Administrator, County Attorney, OMB Director, Utility Services Director and Risk <br /> Manager with advice from Paul Westcott, defense counsel, approved the mediated <br /> settlement of $295,000.00 including attorney's fees and costs. In keeping with <br /> administrative policy, staff now requests Board approval of this settlement. Payment will <br /> be made from the Self Insurance Fund. <br /> If additional information is needed, please contact Beth Martin, Risk Manager, at <br /> Extension 1287. <br /> (MW <br /> 16 <br />