Agenda Item #11
Subject
Christine Bovitt v. Manatee County,OJCC #93-009625, Date of accident: 6/2/1995
Briefings
None
Contact and/or Presenter Information
James R. Cooney, Assistant County Attorney, Extension: 3750
JoAnn Gallo, Adjuster, Extension: 3750
Action Requested
Motion to approve settlement of the claim of Christine Bovitt for the amount of $95,000.00. This includes a general release for the amount of $100.00 and allows the County Attorney or his designee to execute all related documents.
Enabling/Regulating Authority
Manatee County Ordinance 08-49, Florida Statute ยง 440.
Background Discussion
The claimant is 65 years old. She worked for the Sheriff's Office as a Correctional Officer. She injured her right knee due to repetitive trauma. Her job required standing for unusually long periods of time and constant climbing of stairs. She is no longer employed with the Sheriff's Office.
The claim was initially denied due to a pre-existing condition. The claimant retained counsel and the dispute was decided by the Judge of Compensation Claims. The claim was adjudicated as compensable on April 3, 1997. Subsequently the claimant treated conservatively and avoided surgery due to her age. In time her condition worsened. Ms. Bovitt's current diagnosis is osteoarthritis of the right knee. Her most recent authorized physician, Dr. Randall Morgan, has opined that a right total knee arthroplasty is necessary.
A Medicare Set-Aside is required for the settlement of this claim. Centers for Medicare and Medicaid Services have approved the amount of $65,512.00.
The Special Disability Trust Fund of the Florida Department of Financial Services has agreed to reimburse Manatee County the $95,000.00 settlement.
The County Attorney's Office believes this settlement is in the best interest of the Board. Medical costs continue to rise as well as costs of any further litigation.
County Attorney Review
Other (Requires explanation in field below)
Explanation of Other
This is a County Attorney Item.
Reviewing Attorney
N/A
Instructions to Board Records
Please return a copy of the approved agenda to Risk Management.
Cost and Funds Source Account Number and Name
N/A
Amount and Frequency of Recurring Costs
N/A
Attachment: C. Bovitt Stipulation.pdf
Attachment: C. Bovitt HIPAA.pdf
Attachment: C. Bovitt MSA.pdf
Attachment: C. Bovitt General Release.pdf