Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 25, 2016
October 25, 2016 - Regular Meeting
Agenda Item #10

Gary A. Sellitto v. Manatee County Sheriff's Office, OJCC #'s: 10-010032, 10-022288, and 10-026674; workers' compensation claims


Contact and/or Presenter Information
JoAnn Gallo, Senior Adjuster
Extension 3750

Action Requested
Motion to approve the settlement of consolidated claims for $120,000, inclusive of attorney's fees, and to authorize the County Attorney or his designee to execute all documentation necessary to effect the settlement, in the workers' compensation matters of Gary A. Sellitto v. Manatee County Sheriff's Office.

Enabling/Regulating Authority
Florida Statutes, Chapter 440, and Manatee County Ordinance 08-49.

Background Discussion
Gary Sellitto, the claimant, was hired as a deputy on 5/10/88.  He retired on 2/17/15.  While he was employed with the Manatee County Sheriff's Office, he suffered three significant accidents that fall under the Heart and Lung Act, Florida Statutes Sections 112.18 and 440.02(1).

The first accident occurred on 6/7/02.  The claimant had difficulty breathing due to tightness and pressure in his chest. He was hospitalized, had a coronary angiography with stenting of the left anterior descending and diagonal arteries.  He returned to work following his recuperation.

The second accident occurred on 10/3/08.  The claimant experienced a rapid heart rate and elevated blood pressure and was diagnosed with atrial fibrillation (irregular heart beat).  Again, he was able to return to full duty work.

On 8/12/10, Deputy Sellitto had a recurrence of the atrial fibrillation.  Once again, he continued on a full duty work status.

The claimant treats with a cardiologist.  His diagnoses at this time are atrial fibrillation, hypertension, and chronic obstructive pulmonary disease (COPD).  He reached overall MMI (maximum medical improvement) on 5/31/11 with a 52% impairment rating.

The parties attended a mediation on 7/27/16. Mr. Sellitto is represented by counsel.  There are no outstanding legal issues, but there is significant exposure for future medical treatment .  A Medicare Set-Aside (MSA) is required for this settlement.  These are funds that must be depleted before Medicare will pay for treatment related to the workers' compensation claims. The MSA will be funded by an annuity.
The following outlines the County's exposure:
  • MSA= $98,083.00
  • Medical mileage=$1,000.00
  • Blood pressure machines= $300
  • CPAP replacement & supplies=$7,700
  • Emergency hospitalizations=$50,000
  • Unanticipated expenses (litigation)= $10,000
At mediation, the parties reached a settlement agreement for $120,000 inclusive of attorney's fees and including a general release for $100.  The self-insured retention level will not be exceeded for any of the accident dates. The County is obligated, under the terms of the excess policy,  to make a good faith effort to settle.   The settlement is contingent on the approval of the County Attorney and the Board of County Commissioners.

The County Attorney requests that the Board approve the settlement for $120,000, 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

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

Amount and Frequency of Recurring Costs
$120,000, one time

Attachment:  Sellitto.pdf