www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - February 7, 2017
REVISED February 7, 2017 - Regular Meeting
Agenda Item #15


Subject
Peter D. Rampone v. Manatee County Sheriff's Office; workers' compensation claim; OJCC #14-013953

Briefings
None

Contact and/or Presenter Information
JoAnn Gallo, Senior Adjuster; ext. 3750


Action Requested
Motion to approve the settlement of the entire claim for $111,316, inclusive of the statutory attorney's fee and a general release, and to authorize the County Attorney or his designee to execute all documentation necessary to effect the settlement, in the workers' compensation matter of Peter D. Rampone v. Manatee County Sheriff's Office.


Enabling/Regulating Authority
Florida Statutes, Chapter 440
Florida Statutes, Chapter 112.18
Manatee County Ordinance 16-26


Background Discussion

Mr. Rampone was hired by the Manatee County Sheriff's Office on 2/9/88.  He retired on 4/19/13.  He had been employed as a homicide detective.  His date of birth is 3/21/57.

Mr. Rampone had a heart attack on 2/12/11. He was also diagnosed with hypertension. His claim meets the requirements under the Heart and Lung Bill.  On 4/19/11, he had by-pass surgery.  He was placed at MMI (maximum medical improvement) on 12/12/12 and was given a 20% PIR (permanent impairment rating).  His current condition remains stable requiring multiple medications. A Functional Capacity Evaluation was performed and due to his hypertension it was found that he could not meet the requirements of his job title or even a modified duty position.  Mr. Rampone is receiving Social Security Disability benefits. 

Mr. Rampone is represented by counsel. The parties agreed to mediation that took place on 2/1/16.  We were able to reach a settlement agreement, pending Board approval.

Due to the age of the MSA (Medicare set-aside allocation), we requested an update prior to sending it to CMS (Center for Medicare and Medicaid Services) for approval.   The new MSA was lower and we were able to negotiate for a lesser settlement, albeit a number of months after the mediation.  The current negotiated settlement amount is $111,316.

The exposure for this claim is the required MSA amount of $46,100.  This does not include future medical for those items/treatment not covered under Medicare. There is also exposure for permanent total disability (PTD).  The present day value for PTD is $457,396.89. The settlement agreement provides for an annuity.

The breakdown of the settlement:

  • Allocate Medical:                              $46,100.00
  • Allocate Indemnity:                           $52,994.40
  • Attorney's fees and costs:                  $12,121.60
  • General release                                 $     100.00
          Grand Total:                                    $111,316.00 (r)

It is in the County's best interest to settle this claim due to the significant exposure.  The County Attorney requests the Board approve the settlement for $111,316.00, that includes a general release, and allow the County Attorney or his designee to execute all settlement related documents.







County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.

Reviewing Attorney
Palmer

Instructions to Board Records
Please send a copy of the approved memo to Linda Klasing, Risk Manager, linda.klasing@mymanatee.org


Cost and Funds Source Account Number and Name
505001200-52400

Amount and Frequency of Recurring Costs
$111,316.00 one time


Attachment:  rampone.pdf