Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - December 13, 2016
REVISED - December 13, 2016 - Regular Meeting
Agenda Item #14

Workers' Compensation claims,Terri-Anderson Carr v. Manatee County, OJCC#16-002387


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

Action Requested
Motion to approve settlement of consolidated claims for $47,500, 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 matter of Terri Anderson-Carr v. Manatee County.

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

Background Discussion
The claimant, Terri Anderson-Carr, was hired on 2/3/86 as an EMT (Emergency Medical Technician).  She retired in February of 2015.  During her tenure with the County, she had 35 workers' compensation claims.

Two claims are open with accident dates of 10/20/13 and 11/22/14.

On 10/20/13, the claimant was transferring a patient, and while bending over injured her low back.  She treated with a neurologist and had positive findings on her MRI. At this time she is considered to be non-surgical.   She was placed at MMI (maximum medical improvement) and given a 0% impairment rating on 11/6/13.  She returned to full duty work.  She resumed treatment in June of 2014 and the MMI was reconfirmed on 4/23/15.

On 11/22/14, the claimant injured her left knee while lifting a patient.  This injury required multiple surgeries.  The orthopedic surgeon placed her at MMI on 1/8/16 with a 4% impairment rating.

Multiple Petitions for Benefits have been filed by the claimant's attorney on the claimant's behalf.  Therefore, there has been ongoing litigation.

The parties have reached a settlement agreement, contingent on approval of the County Attorney and the Board of County Commissioners.

The following is the future exposure:
  • Medical: $123,247 (estimate).  This is based upon current life expectancy with potential for surgeries.
  • Indemnity: $50,000 (estimate).  This is for the temporary benefits if surgery should be required.
  • Litigation:  Defense costs (estimate) $20,000-$25,000.
  • Attorney fees to opposing counsel: undetermined.  This is an area of concern with the recent Florida Supreme Court Decision, Castellanos v. Next Door Company, April 28, 2016.
The County Attorney requests that the Board approve the settlement for $47,500, 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
$47,500 one time

Attachment:  Anderson-Carr documents.pdf