Title
Settlement of Worker's Compensation Claim - Katherine Elkins (NB)
Explanation
While employed as a Nature Assistant with the City of Gainesville, Ms. Elkins suffered injuries to her left small finger and wrist while driving a tractor. As a result of her injuries, Ms. Elkins has had one hand surgery and was subsequently diagnosed with Reflex Sympathetic Dystrophy (RSD). Due to the continuing pain and permanent work restrictions associated with her job-related injury and RSD, Ms. Elkins is no longer able to perform the essential functions of her job. Ms. Elkins received a disability retirement from the City on May 27, 1998 after working for the City for almost 5 years.
Recently, the City and Ms. Elkins attempted to mediate a settlement of her worker's compensation claim. Ms. Elkins and her attorney, Gregory Geffen, have agreed to the proposed settlement. The City Attorney's Office, the Risk Management Department, Special Counsel, the City's Worker's Compensation servicing agent and the City's Excess Worker's Compensation Carrier all concur as to the full and final settlement of this claim. The total amount, $215,750, includes all attorney fees, future medical costs, indemnity payments and taxable costs.
While the total settlement is $215,750, the City has an excess worker's compensation policy that will reimburse the City for all costs in excess of the self-insured retention on this file. At this time the net cost to the City after excess reimbursement will be approximately $130,000.
Fiscal Impact
The settlement of this case in the amount of $215,750 will be paid out of the General Insurance Fund. All proceeds from the Excess Carrier will be credited to the General Insurance Fund to offset the overall cost of this settlement.
Recommendation
The City Commission authorize Special Counsel to prepare and execute the appropriate documents for a lump-sum settlement of the Worker's Compensation claim of Katherine Elkins, in the amount ...
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