Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - July 30, 2013
REVISED July 30, 2013 - Regular Meeting
Agenda Item #15

John O'Reilly v. Manatee County BOCC OJCC# 11006344DBB


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

Action Requested
Motion to approve a settlement in the matter of John O'Reilly v. Manatee County, in the amount of $45,000 and to authorize the County Attorney or his designee to execute all related documents.

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

Background Discussion
The claimant is 50 years old.  He was hired on 8/11/2008.  He was in the course and scope of his employment when he suffered an injury on 8/27/2008.  A trailer dropped on his right leg resulting in a fracture of his tibia/fibula.

Medical treatment:
Open reduction and internal fixation was performed by Dr. Connolly, orthopedic surgeon.
Due to the subsequent non-union healing of the fracture, the claimant came under the care of Dr. Herscovici, orthopedic surgeon, who performed surgery in order to graft and plate the non-union.   Because Mr. O'Reilly was experiencing chronic pain, treatment was later transferred to Dr. Rivera and Dr. Bundschu, pain management specialists. The diagnosis was still chronic neuropathic pain, secondary to neuropraxia (loss of motor and sensory function).  Claimant continues prescribed medication for chronic pain.
A trial cord stimulator was recommended and provided by Dr. Bundschu.  The claimant was not pleased with the results of the trial and refused a permanent stimulator.  Dr. Bundschu discharged him.

The claimant's counsel is Allyson Battaglia.  A Petition for Benefits was filed requesting a new physician.  The claimant refused to see him.  The claim was mediated with both parties present on 6/11/2013.  The parties agreed to a global settlement in the amount of $45,000, contingent upon Board of County Commissioners' approval.  This includes a general release for $100.

Exposure analysis:
Indemnity: 14 weeks of temporary benefits = $4,211.48.
Medical:  The annual medical expense has averaged $17,215.15.  His life expectancy is approximately 24.8 years which provides for full value of medical at $426,936.

The County Attorney's Office believes this settlement is in the best interest of the County.  Medical and litigation costs continue, in the absence of a settlement.

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 return a copy of the approved agenda to Risk Management, attention Ray Carter (raymond.carter@mymanatee.org).

Cost and Funds Source Account Number and Name
$45,000, Fund 5050001300 Object code 524000 Workers' Compensation

Amount and Frequency of Recurring Costs
One time payment

Attachment:  O'Reilly Settlement.pdf
Attachment:  O'Reilly General Release.pdf