Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 20, 2015
REVISED October 20, 2015 - Regular Meeting
Agenda Item #11

Kenneth Dolgos v. Manatee County Sheriff's Office, OJCC#13-028215DBB; proposed settlement of workers' compensation claim


Contact and/or Presenter Information
JoAnn Gallo, Adjuster
Division of Risk Management
County Attorney's Office
Ext. 3750

Action Requested
Motion to approve settlement of the entire claim, inclusive of attorney's fees, for $335,000, and to authorize the County Attorney or his designee to execute all documents necessary to effect a settlement in the workers' compensation matter of Kevin Dolgos v. Manatee County Sheriff's Office. 

Enabling/Regulating Authority
Florida Statutes, Chapter 440
Manatee County Ordinance No. 08-49

Background Discussion
Kenneth Dolgos was a deputy with the Manatee County Sheriff's Office since 2/12/02.  He is 44 years old.  He suffered a heart attack on 10/28/13.  He is no longer able to perform his duties as a law enforcement officer.  He retired on 4/23/14.

The claim falls under the Heart and Lung Act, Florida Statute 112.18.  After a thorough investigation, the claim was accepted as compensable.  All records were reviewed by Dr. David  Perloff, a well-known cardiologist who is considered an expert on the Heart and Lung Act. He opined that the condition would meet the standard for compensability.

Deputy Dolgos was admitted to Blake Hospital on 10/28/13 with shortness of breath.  He was discharged eight days later with a diagnosis of congestive heart failure, myocarditis (inflammation of the heart muscle), secondary to a viral entity, and biventricular failure.  His heart was functioning at 15%.  Dr. Iyengar with Bradenton Cardiology became the authorized treating physician after discharge.  On 3/25/14, the claimant had the implantation of a cardioverter defibrillator.  He was placed at maximum medical improvement on 2/2/15 and given a 50% permanent impairment rating.  Dr. Iyengar has suggested the possibility of a heart transplant if the condition deteriorates. 

The claimant retained counsel and filed a Petition for Benefits for permanent total disability.  We administratively accepted the claimant as permanently and totally disabled and began paying the benefits 2/3/15. 

This claim has significant lifetime exposure. The full value of permanent total disability benefits is $1,255,935.00.  Although the claimant has not been accepted by Social Security Disability or Medicare, a Medicare Set-Aside allocation report has been prepared as a guideline for exposure.  The proposed Medicare Set Aside amount is $213,397.00.  The non-Medicare expenses are valued at $14,500.00.  Total medical exposure is $227,897.00 .  The total exposure estimate is $1,483,832.00.  To date, the amount paid on this claim is $192,898.27 for medical and indemnity. 

Mediation occurred on 9/1/15 with the former Judge of Compensation Claims, William Douglas, as mediator.  The parties entered into a settlement agreement for $335,000.00 that includes a general release for $100.00.  The claimant has agreed to withdraw his request for application for Social Security Disability, as part of the agreement. This will eliminate the necessity of a Medicare approval.   The settlement is contingent on Board approval.  

It is in the County's best interest to settle this claim due to the lifetime indemnity, medical costs, and additional costs of litigation. The County Attorney requests that the Board approve the settlement for $335,000.00, 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 (linda.klasing@mymanatee.org), Risk Manager.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs
$335,000.00 one time.

Attachment:  dolgos stp. release. ssa521.pdf