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HOKPAGE J 6 Attorney Lisa Lazan, of the County's defense counsel, Rissman, Weisberg, Barrett, Hark Donahue & McLain, P.A., gave a brief overview of the case, and advised that a 1994 statute added language saying that claims are not paid if the injury is not a major contributing cause. Attorney Lazan felt that a doctor would say it is logical that the accident is related and that would be enough for Workers' Comp to say it is related. The settlement amount is $50,000 plus the guideline attorney fee and taxable costs. The County would most probably owe in excess of that if the matter went to hearing. The temporary benefits run 104 weeks which would mean over $20,000 in benefits based on earnings, plus approximately another 104 weeks in benefits. There would probably also be an impairment rating, together with the psychiatric depression due to chronic pain, as well as medicals and surgery. The surgery typically runs from $20,000 to $25,000 but under the group health plan would be around $60,000. Future medicals based on a 35 year life expectancy could run $10,000 to $15,000. There are also attomey guideline fees of 101/o of the amount recovered plus $750 which would probably run $15,000 to $20,000. Attorney Lazan believed the merits of the case could be argued but settlement would be a money saver as she did not believe a suit would be successful. Commissioner Ginn agreed with Commissioner Macht that there are principals involved here and these cases should be taken to court. Commissioner Adams felt the Board's responsibility is as guardian of taxpayer dollars and, if we choose to go to court we are going to gamble on possibly $150,000 rather than $50,000. Attorney Lazar then advised the Board that, because of Mr. Holland's pre-existing condition, the County should be able to get approximately 30% of the settlement funds back from a special disability trust fund. General conversation was held regarding employee safety concerns and steps taken by Risk Management to attempt to prevent these incidents. Commissioner Ginn felt a strong message should be sent to Tallahassee about Workers Comp reform THE CHAIRMAN CALLED THE QUESTION and the Motion passed by a 3-2 vote (Commissioners Macht and Ginn opposed). AUGUST 5, 1997