|Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 25, 2016|
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
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.
Florida Statutes, Chapter 440, and Manatee County Ordinance 08-49.
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:
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.
Instructions to Board Records
Please send a copy of the approved memo to Linda Klasing, Risk Manager, firstname.lastname@example.org.
Cost and Funds Source Account Number and Name
Amount and Frequency of Recurring Costs
$120,000, one time