8/5/1997 (2) - Laserfiche WebLink

Home Browse Search

ME WILLIAM HOLLAND — WORKERS' COMPENSATION SETTLEMENT The Board reviewed a Memorandum of July 23, 1997: TO: James E. Chandler, County Administrator THRU: Joe Baird, OMB Director FROM: Beth Jordan, Risk Manager,(�ujr`� DATE: 23 July 1997 SUBJECT: Proposed Workers' Compensation Settlement; William Holland Please consider the following at the August 5, 1997, regularly scheduled meeting of the Board of County Commissioners. Background On March 6, 1995, William Holland injured his back while employed with the Parks Division. As outlined in the supporting documentation, his claim was controverted by the County's third party claims administrator. The attached correspondence from Paul Westcott, former defense counsel with Rissman, Weisberg, Barrett, Hurt, Donahue B McLain, P.A., provides a detailed summary of this c aim. On July 23, Use Lazan, Mr. Westcotrs successor on this claim, presented the proposed settlement to the staff Claims Review Committee which on a 4-0 vote, with James Davis, Public Works Director absent, approved settlement up to the Committee's authority level of $50,000.00 including a guideline attorney's fee and taxable costs. This offer was rejected later in the day by Mr. Holland's attorney, Michael Horowitz of Lloyd, Hoskins and Pierce, who has requested that this claim be presented to the full Board of County Commissioners for consideration of his demand for $50,000.00 plus the guideline fee of $5,750.00 and taxable costs of up to $4,000.00. Analysis Following Mr. Horowites rejection d the settlement dfer of $50,000.00 inclusive, I polled the staff Committee members and all were in agreement that the total settlement of $59,750.00 is in the County's best interesL Recommendation Staff recommends that the Board approve the proposed settlement of $50,000.00 plus the guideline fee and taxable costs. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Tippin, that the Board approve a total settlement with William Holland of $59,750, pursuant to staffs recommendations. Commissioner Macht felt the claim appears to be nothing more than extortion and expressed his fivstration that governments are forced to deal with these claims. County Administrator Chandler agreed that the Claims Committee shared some of the same concerns with the settlement; however, the bottom line seems to be that the combination of the surgery and the potential liability is far greater than the settlement amount AUGUST 5, 1997 37 BDOK 10 f PAGE 205