Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - March 10, 2015
March 10, 2015 - Regular Meeting
Agenda Item #8

Workers' Compensation Claim; Kimberly Raynor-Whidden A2310995


Contact and/or Presenter Information
Raymond Carter, Risk Manager, x 3750

Action Requested
Requesting authority to pursue subrogation against the third party tortfeasor/carrier.

Enabling/Regulating Authority
Ordinance #08-49
Florida Statute 440.39

Background Discussion
Kimberly Raynor-Whidden was in a motor vehicle accident on  4/4/13.  At the time of the accident she was in the course and scope of employment. She was and remains an employee with the Manatee County Sheriff's Office.  This is a compensable workers' compensation claim.

Ms. Raynor-Whidden was rear-ended in the accident.  Clearly the third party was at fault.  The third party was cited.  The employee suffered multiple injuries.  The claim remains open and the employee continues with medical treatment.

Florida Statute 440.39 allows the employer/carrier to pursue an action for damages against the third party in the second year.  In this case the lawsuit must be filed before 4/4/15.   Several attempts have been made to recover from the third party carrier for the monies paid on this claim.  State Farm Insurance Company is only offering a minimal amount for settlement.  To date, $21,223.18 has been paid for medical and lost wages combined.

The County Attorney's office is requesting authority to institute and prosecute a subrogation action against the third party.

County Attorney Review
Not Reviewed (No apparent legal issues)

Explanation of Other

Reviewing Attorney

Instructions to Board Records
Contact Raymond Carter, Risk Manager (raymond.carter@mymanatee.org)

Cost and Funds Source Account Number and Name
5050001300 Risk Management Workers' Compensation Fund

Amount and Frequency of Recurring Costs
$410.00 one time