Agenda 10/28/2008 Item #16E25
Agenda Item No. 16E25
October 28,2008
Page 1 of 34
EXECUTIVE SUMMARY
Report and ratify Property, Casualty, Workers' Compensation and Subrogation
Claims settled and/or closed by the Risk Management Director pursuant to
Resolution # 2004-15 for the fourth quarter of FY 08.
OBJECTIVE: To gain approval from the Board of Commissioners for Property, Casualty,
Workers' Compensation and Subrogation claims settled under the authority of the Risk
Management Director during the fourth quarter of FY 08.
CONSIDERATIONS: Resolution 04-15 grants limited authority to the Risk Management
Director to settle certain damage claims against Collier County and to authorize the
payment of investigation and adjustment expenses as presented to the County's Risk
Management Program. Authority is delegated as follows:
Claim Type Delegated Authority
Bodily Injury Liability- Premises, Auto, Non-litigated claims less than $50,000
Operations
Non-litigated claims less than $75,000.
Property Damage Liability Claims- (Note- A $75,000 limit is sought due to high
Premises, Auto, Operations valued vehicles and the potential for multiple
vehicle accidents.)
Errors, Omissions, Professional Liability, Non-litigated claims less than $50,000
Employment Practices Liability
Property Losses to County Owned Full authority
Property
Full authority subject to the provisions of F.S.
Workers' Compensation 440 and subject to approval by the Judge of
Compensation as needed
Employer's Liability Non-litigated claims less than $50,000
Subrogation- Bodily Injury and Property Full authority to pursue non-litigated subrogation
Damage recoveries.
Subrogation- Workers' Compensation Full authority to pursue non-litigated subrogation
recoveries.
Pursuant to the Resolution, claims are settled and paid pursuant to the loss verification
procedures contained in the Resolution which include the completion of claim forms,
documentation of evidence, valuation, and the determination of a finding of liability where
applicable. Closed claims are also subject to review by the external auditor. A listing of
claims closed during the fourth quarter of FY 08 is attached. The report may include
those claims and/or settlements previously approved by the Board of Commissioners.
,,~.
Agenda Item No. 16E25
October 28,2008
Page 2 of 34
A valid public purpose is served through the delegation of settlement authority to the Risk
Management Director to settle routine, administrative and minor claim matters in order to
promote the efficient use of resources; to promote the efficient administration of the
program; and to allow for a timely response to claimants and/or their representatives.
FISCAL IMPACT: Funds are budgeted and available in Fund 516-121650-645920
(Property and Casualty Self Insurance Fund) and 518-121630-645928 (Workers'
Compensation Fund) for the payment of covered claims and settlements.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: There are no legal considerations associated with this
item.
RECOMMENDATION: That the Board of County Commissioners accepts the attached
Settlement Report and ratify the actions taken therein.
PREPARED BY: Jeff Walker CPCU, ARM, Director, Risk Management Department.
-
Page 1 of 1
Agenda Item No. 16E25
October 28, 2008
Page 3 of 34
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E25
Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled
and/or closed by the Risk Management Director pursuant to Resolution # 2004-15 for the
fourth quarter of FY 08.
10/28/2008 90000 AM
Meeting Date:
Approved By
Jeffrey A. Walker, CPCU,
ARM
Risk Management Director
Date
Administrative Services
Risk Management
10/15/20081:10 PM
Approved By
Mary Beck
Executive Secretary
Date
Administrative Services
Administrative Services Admin.
10115/2008 3:05 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
10/15/20088:28 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/16/20089:21 AM
Approved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
10/16/2008 11 :22 AM
Approved By
Randy Greenwald
ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
10/17/20081:06 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/20/2008 8:08 AM
file://C:\AgendaTest\Export\115-0ctober%2028,%202008\16.%20CONSENT%20AGEN...
10/22/2008
Collier County Government
Agenda Item No 16E25
October 28. 2008
Page 4 of 34
Liability Closed Claim Report
4th Quarter FY 2008
Med/bi/comp
Expense
Ind/pd/coll
Recovery
Deductible
LeQal
Other
Totallnc
Claim Number
Cost Center
Emplover Acc Desc.
Claimant Name Coverage
Date Of Loss Date Report T,Stalus
Cause Carrier
Incurred
Paid
Incurred
Paid
1 ncurred
Paid
J ncurred
Paid
Incurred
Paid
Incurred
Paid
Incurred
Paid
Incurred
Paid
21-02140801667
0000156313
John Carden tripped
while walking on the
walking path in Golden
Gate Community Park
As a result, he fractured
his right elbow and had
brusing on his
Carden, John
2/1412008 2/14/2008
Slip,trip, Fall Miscellaneous
21
7/16/2008
JE
1,000.00
1,00000
0.00
0.00
000
000
000
0.00
000
0.00
000
0.00
0.00
000
1,000.00
1,000.00
d
overs
21-04130700781
00001 56332
Claimant slipped and fell
on soapy water caused
by patrons using soap at
a beach
4/1312007 4/1812007
Slip,trip, Fall Miscellaneous
000
Alvarez, Maria
22
0.00
000
3,62954
000
000
0.00
0.00
3,629.54
~STARS",,!,,}(;
-1-
Wednesday, October 15, 2008
10:5626AM
Agenda Item No. 16E25
October 28, 2008
Collier County Government Page 5 of 34
Liability Closed Claim Report
4th Quarter FY 2008
Med/bllcomp Expense Indlpd/coll Recovery Deductible LeQal Other Totallnc
Claim Number Claimant Name Coverage Incurred Incurred Incurred Incurred J ncurred Incurred Incurred Incurred
Cost Center Date Of Loss Date Report TeStatus Paid Paid Paid Paid Paid Paid Paid Paid
Employer Acc Desc. Cause Carrier
0000108010 3119/2008 8/512008 9/26/2008 000 000 3.62954 0.00 0.00 000 000 3,629.54
Claimant parked her Falling, Flying Objects JE
vehicle in the Tax
Collector's parking lot &
had Just started to walk
away when a tree fell
over and struck her
vehicle
22-04140801777 Estrada, Gabriella 22 0.00 000 177 55 000 0.00 000 0.00 177.55
0000163620 4/14/2008 4/15/2008 7/28/2008 0.00 000 177.55 0.00 0.00 0.00 0.00 1-
While employee was Struck By Dirt, Stone, Debris JE
mowing southbound in
the right-of-way on Logan
Blvd., the mower threw a
rock a nd it struck
Gabriella Estrada's
vehicle.
22-04250801808 McManaway, Scotl 22 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00
0000163620 4/25/2008 4/28/2008 8/28/2008 0.00 000 0.00 0.00 0.00 0.00 0.00 0.00
Claimant reported that JE
his bumper was
damaged alterdriving
over a manhole that is 6
inches above grade,.
22-06170802195 Fletcher, Jack 22 0.00 000 000 000 0.00 000 000 000
0000144610 6117/2008 8/29/2008 9/17/2008 0.00 0.00 000 000 0.00 000 0.00 000
Claimant fell off his Theft JE
bicycle & required
ambulance transport to
the hospital. H is bicycle
was left al the scene and
according to Mr. Fletcher,
was stolen.
22-07180802092 Newman, Sharon 22 0.00 0.00 138.86 0.00 0.00 0.00 0.00 138.86
0000122240 7/18/2008 7/21/2008 9/26/2008 0.00 000 138.86 0.00 0.00 000 0.00 138.86
~STARS -2- Wednesday, October 15, 2008
1C5626AM
Collier County Government
Agenda Item No. 16E25
October 28. 2008
Page 6 of 34
Liability Closed Claim Report
4th Quarter FY 2008
Medlbi/comp Expense Ind/pd/coll Recovery Deductible LeQal Other Totallnc
Claim Number Claimant Name Coverage Incurred Incurred Incurred Incurred Incurred Incurred Incurred Incurred
Cost Center Date Of Loss Date Report TeStatus Paid Paid Paid Paid Paid Paid Paid Paid
Employer Ace Desc. Cause Carrier
A large palm frond Struck By Falling Or Flying ObjecUE
damaged claimant's
personal vehicle when it
fell from a Iree and
landed on the hood of
her car while parked in
the parking lot at her
place of business.
22-07200802127 Blatz, Larry 22 000 0.00 000 000 0.00 000 0.00 000
~233351 7/20/2008 8/25/2008 9/2512008 0.00 0.00 000 000 0.00 000 000 0.00
ant reported that Water Damage JE
he was out of town,
rlt:! received a call from
the worman who cares
for hiS cats stating there
was a lot of water In his
house. A neighbor told
the claimant hat the
County was dOing
maintenance on a nearby
Lift Station
31-9727
0000253212
An FPL transformer was
damaged during a close
transition test by the
county.
Florida Power & Lighl Distri 22
7/20/2005 1120/2006 7/21/2008
JE
000
0.00
000
000
000
000
0.00
0.00
000
000
000
0.00
000
000
000
000
-A,STA RS "o\,,)'!
-3-
Wednesday, October 15, 2008
10:56:26AM
Agenda Item No. 16E25
October 28. 2008
Collier County Government Page i of 34
Liability Closed Claim Report
4th Quarter FY 2008
Med/bi/eomp Expense Ind/pd/coll Recovery Deductible Leqal Other Totallnc
Claim Number Claimant Name Coverage Incurred Incurred Incurred Incurred Incurred Incurred Incurred Incurred
Cost Center Date Of Loss Date Report TcStalus Paid Paid Paid Paid Paid Paid Paid Paid:
Employer Ace Dese. Cause Carrier
31-9728 Flonda Power & Light Dlstri 22 000 3000 000 000 000 0.00 000 30.00
0000253212 6/13/2005 1/20/2006 7/21/2008 0.00 30.00 000 000 0.00 000 0.00 30.00
FPL transformer Mechanical Failure JE
damaged during close
transition test by county
32-1565 lemma, Estelle 0.00 0.00 0.00 21,986.51
0000100010 11/1t/2005 31112006 0.00 0.00 21,986.51
Claimant alleges injuries
due to a slip and fall .
while walking down
Vineyard Blvd. caused by
accumulated mud on the
sidewalk. This claim
settlement was approved
by the BCC.
42-05190801882 Marta E. Corzo 22 0.00 85.00 708 09 000 000 000 0.00 793 09
0000122240 5/19/2008 5/19/2008 7/25/2008 0.00 85.00 70809 000 0.00 000 000 793 09
Claimant was entering Mechanical Failure JE
the COES parking
garage with the gate arm
in a raised position.
Upon entering, the gate
arm came down and
struck the top of her
vehicle & rubbed down
the entire length of her
vehicle as she continued
through.
Gra"clTotals: 15 CI.aims 26.000.00 2,101.51 4,654.04 0.00 0.00 0.00 0.00 32,755.55
26.000.00 2.101.51 4,654.04 0.00 0.00 0.00 0.00 32,755.55
",STAR S '.,,,,,,,,
-4-
Wednesday, October 15, 2008
10 56:26AM
Agenda Item No. 16E25
October 28. 2008
Page 8 of 34
Collier County Government
Auto Closed Claim Report
4th Quarter FY 2008
Med/bi/comp Expense Ind/pdlcoll Recovery Deductible LeQal Other Totallnc
Claim Number Claimant Name CoveraQe Incurred Incurred Incurred Incurred Incurred Incurred incurred Incurred
Cost Center Date Of Loss Date Report TeStatus Paid Paid Paid Paid Paid Paid Paid Paid:
Employer Acc Desc. Cause Carrier
41-06190601951 Collier County Government 41 0.00 000 3,072.83 000 0.00 0.00 0.00 3,072.83
0000156344 6/19/2008 6/1 9/2008 7/2/2008 0.00 000 3,072.83 000 000 0.00 0.00 3,072.83
Employee was backing Collision- Backing, Rolling Back JE
asset #050223 and
struck a tree, damaging
the right bedside
41-D6120801940 Collier County Government 41 000 0.00 3,445.10 0.00 000 0.00 0.00 3,44510
Q.QOQ14461 0 6/12/2008 6/13/2008 7/11/2008 000 000 3,445.10 000 0.00 0.00 0.00 3,44510
fee was operating Collision with Non Fixed Object JE
.Ie and caught the
t._.;:r.... of the step-up on a
large rock while turning.
42.06180801974 Collier County Government 42 000 0.00 000 0.00 0.00 000 000 0.00
0000163620 6/18/2008 6/23/2008 7/14/2008 0.00 000 0.00 0.00 000 000 0.00 0.00
A chipper was being Miscellaneous Struck By/against JE
transported from State
Road 82 to 4600 DavIs
Blvd and dunng travel,
the right side fender
Impacted an object,
bending it into the tire.
32-04240601813 Adams, Malcolm 32 0.00 0.00 428.99 000 0.00 000 0.00 428.99
0000122240 4/24/2008 4/25/2008 7/15/2008 0.00 000 428.99 000 000 0.00 0.00 428.99
An employee attempted Colllsion- Hit by Another Vehicle JE
to back a County vehicle
into a parking space and
struck a vehicle owned
by Malcolm Adams.
There was no damage to
the County vehicle per
Fleet
42-06240801973 Collier County Government 42 1,66065 000 000 000 0.00 000 0.00 1,660.65
0000138915 6/24/2008 6/24/2008 7/21/2008 1.66065 0.00 000 0.00 0.00 000 0.00 1,660.65
~STARS -1- Tuesday. October 14, 2008
4:31:13PM
Agenda Item No. 16E25
October 28, 2008
Page 9 of 34
Collier County Government
Auto Closed Claim Report
4th Quarter FY 2008
Medlbilcomp Expense Indlpdlcoll Recovery Deductible Leqal Other Totallnc
Claim Number Claimant Name CoveraQe Incurred Incurred Incurred Incurred Incurred Incurred Incurred Incurred
Cost Center Date Of Loss Date Report TeStatus Paid Paid Paid Paid Paid Paid Paid Paid
Employer Ace Desc. Cause Carrier
Employee was going Toll, Parking Gate Struck ClaimarJE
through the gate at
Foxlire and the right side
01 the gate closed on the
vehIcle.
32-04300801820 Szajkowski. Jacek 32 0.00 85.00 1.297.21 000 0.00 0.00 0.00 1.382.21
0000156363 413012008 413012008 712412008 0.00 85.00 1,29721 0.00 000 0.00 0.00 138221
Claimant was attemptIng Collision- Hit by Another Vehicle JE
to make a right-hand turn
onto US41 According to
the County employee,
the claimant started the
turn then stopped
suddenly and was
rear-ended by the County
employee.
41-07150802047 Collier County Government 41 0.00 000 509.60 000 0.00 000 0.00 509.60
0000144610 711512008 712412008 712512008 000 000 509.60 0.00 0.00 000 000 509.60
Employee was relocating Collision Fixed Object JE
an ambulance when the
rear compartment door
came open and struck
the exterior of the
building causing damage
to the door and door
spring.
41-06180801979 Collier County Government 41 000 000 95.29 000 0.00 000 0.00 95.29
0000122410 6/18/2008 6/2512008 712912008 0.00 000 95.29 000 000 000 0.00 95.29
Employee was backing Collision- Backing, Rolling Back. JE
out of a covered parking
space & struck the left
side view mirror against
an aluminum pole.
42-07220802051 Collier County Government 42 495 88 000 000 000 000 000 0.00 495.88
",STARS -2- Tuesday, October 14, 2008
4.3113PM
Agenda Item No. 16E25
October 28. 2008
Page 10 of 34
Collier County Government
Auto Closed Claim Report
4th Quarter FY 2008
Med/bi/comp Expense Ind/pdlcoll Recovery Deductible Lepal Other Totallnc
Claim Number Claimant Name Coverape Incurred Incurred Incurred Incurred Incurred Incurred Incurred Incurred
Cost Center Date Of Loss Date Report TeStatus Paid Paid Paid Paid Paid Paid Paid Paid
Emplover Ace Desc. Cause Carrier
0000163624 7/22/2008 7/22/2008 7/30/2008 49588 000 000 0.00 0.00 0.00 0.00 495.88
Employee slid a pole into Loading, Unloading, Delivery JE
the back of Asset
#030010 and struck
underneath the rear
window causIng it to
shatter
41-05200801874 Collier County Government 41 0.00 000 000 0.00 0.00 000 0.00 0.00
')3250 5/20/2008 5/21/2008 8/5/2008 0.00 0.00 000 0.00 0.00 0.00 000 0.00
'ee struck a Collision Fixed Objec1 JE
....le station in the
right-of-way while
attempting to merge into
on.coming traffic
resulting In tearing of
passenger side front
bumper.
32-07280802084 Unknown 32 0.00 0.00 43.17 0.00 0.00 0.00 0.00 43.17
0000233351 7/28/2008 7/29/2008 8/6/2008 0.00 0.00 43.17 000 0.00 0.00 0.00 43.17
Employee was backing a Collislon- Backing, Rolling Back JE
vactor truck and struck
customer's mailbox.
41-08060802088 Collier County Government 41 0.00 000 2,428.06 0.00 0.00 0.00 000 2,428 06
0000144610 8/6/2008 816/2008 8/22/2008 0.00 0.00 2,428.06 0.00 0.00 0.00 000 2,428.06
Employee was entering Collision with Non Fixed Object JE
the claimant's driveway
and struck a tree branch,
damaging the right
fender, door & mirror.
41-{l7290802119 Collier County Government 41 000 000 88703 000 0.00 000 0.00 887.03
0000233351 7/2912008 7/30/2008 9/3/2008 000 0.00 887.03 000 0.00 000 0.00 887.03
~ST AR S ,-e"crt .3- Tuesday, October 14, 2008
4:31:13PM
Agenda Item No. 16E25
October 28. 2008
Page 11 of 34
Collier County Government
Auto Closed Claim Report
4th Quarter FY 2008
Medlbl/comp Expense Ind/pd/coll Recovery Deductible Leqal Other Tolallnc
Claim Number Claimant Name Coveraqe Incurred Incurred Incurred Incurred Incurred Incurred Incurred Incurred :
Cost Center Date Of Loss Date Report TcStatus Paid Paid Paid Paid Paid Paid Paid Paid
Employer Ace Desc Cause Carrier
Employee pulled into a Collision Fixed Object JE
parking spot and
misjudged the ballard.
striking it with the front
bumper
42-08070802106 Collier County Government 42 1.93280 000 000 0.00 0.00 000 0.00 1.93280
0000163620 8/7/2008 8/13/2008 9/3/2008 1,93280 0.00 000 000 000 0.00 0.00 1,93280
Employee was cutting a Struck By Falling Or Flying ObjecUE
tree Iim b and it struck
Asset #042770
41-06020802133 Collier County Government 41 0.00 0.00 3.36467 000 0.00 0.00 000 3,364.67
0000210105 6/2/2008 8/14/2008 9/5/2008 000 000 3,36467 000 000 0.00 000 3,364.67
Employee moved the Collision with Non Fixed Object JE
county vehicle off the
road at a job site and
struck a large stone.
41-07310802083 Collier County Government 41 6,60360 000 000 0.00 0.00 000 0.00 6.603.60
0000233351 7/31/2008 8/1/2008 9/11/2008 6,60360 000 000 0.00 000 000 0.00 6,60360
Employee ran over Collision with Non Fixed Object JE
debris In the roadway
and it damaged the oil
filter and engine.
32-07110802080 Wignall, Tom 32 0.00 000 180.00 0.00 000 000 000 180.00
0000122410 7/11/2008 7/12/2008 9/26/2008 000 000 180.00 000 000 000 000 180.00
",STARS'~!'{jr,
-4-
Tuesday, October 14. 2008
4:31:13PM
Agenda Item No. 16E25
October 28, 2008
Page 12 of 34
Collier County Government
Auto Closed Claim Report
4th Quarter FY 2008
Med/bilcomp Expense Ind/pd/coll Recovery Deductible LeQal Other Totallne
Claim Number Claimant Name CoveraQ6 Incurred Incurred Incurred Incurred Incurred Incurred Incurred Incurred
Cost Center Date Of Loss Date Report TeStalus Paid Paid Paid Paid Paid Paid Paid Paid
Employer Aee Desc. Cause Carrier
Employee's lunch box Over Object JE
(which contained his
personal camera) was
placed near a vehicle he
was picking up from
Fleet. The Fleet
employee was not aware
the lunch box was there
-acked up the truck
h tIme he ran over
"-. destroying a
camera.
42-08290802336 Collier County Government 42 339 44 000 000 0.00 000 000 0.00 339.44
0000253212 8/29/2008 9/17/2008 9/26/2008 339.44 0.00 0.00 0.00 0.00 000 0.00 339.44
The windshield was Windshield Breakage. Flying ObjfjE
struck by an object while
going under the
overpass.
Grand Totals: 18 Claims 11,032.37 85.00 15,751.95 0.00 0.00 0.00 0.00 26,869.32
11,032.37 85.00 15,751.95 0.00 0.00 0.00 0.00 26,869.32
." STAR S P.el'ort
-5-
Tuesday, October 14, 2008
4:31:13PM
Agenda Item No 16E25
October 28. 2008
Collier County Government Page 13 of 34
Property Closed Claim Report
4th Quarter FY 2008
Med/bllcomp Expense Indlpd/coll Recovery Deductible LeQal Other Totallnc
Claim Number Claimant Name Coverage Incurred Incun-ed Incurred Incurred Incurred Incurred Incurred Incurred
Cost Center Date Of Loss Date Report TeStatus Paid Paid Paid Paid Paid Paid Paid Paid
Employer Ace Desc. Cause Carrier
51-07250602125 None 51 367.36 0.00 000 000 000 000 0.00 367.36
0000253221 7/25/2006 7/28/2008 6/27/2008 367.36 000 000 0.00 000 000 0.00 367.36
Electronic controls failed Lightning JE
because of a surge in
power created by a
lightning strike.
52-06240802014 None 52 0,00 000 3,521,10 0.00
0000122410. ., 6/24/2008 6/26/2008 . 7/11/2008 0,00 0.00 3,521,10 0.00
Seyere lightning caused Lightning ',' ,.... JE
the circuit boards to bum .-
in all 4 towers of a bus
lift.
52-07150602045 Muckel. Bradley 52 0.00 000 21999 000 0.00 0.00 0.00 219.99
0000138324 711512006 7/16/2008 7/25/2006 0.00 000 21999 000 0.00 000 000 219.99
Employee's BlackBerry Vandalism JE
was allegedly stolen from
his office while charging
53-10080702086 Unknown 5,650.50 0.00 0.00 0.00 0.00 0.00 0,00 ;;,650,50
0000163630'. 10/8/2007 71912008 5,650,50 0,00 0,00 0.00 0,00 0.00 0,00 5,650,50
A semi w~h a flat bed Collision Fixed
trailer was heading north
on N,Tamiami Trait
attempting to make a
right turn onto Old US41,
The semi was unable to
make the tum & ran off :'
the road, striking a light
pole which fall on top of
another vehicle. .
56-07090802025 Escobar, Jesus 56 0.00 000 69521 000 000 000 0.00 695.21
0000163620 7/9/2006 7/14/2008 815/2008 000 000 695.21 0.00 0.00 0.00 000 695.21
",STARSt, (iC"
.1.
Wednesday, October 15, 2008
113418AM
Agenda Item No, 16E25
October 28, 2008
Collier County Government Page 14 of 34
Property Closed Claim Report
4th Quarter FY 2008
Medlbileomp Expense Indlpdleoll Recovery Deductible LeQal Other Totallne
Claim Number Claimant Name Coverage Incurred Incurred Incurred Incurred Incurred Incurred Incurred Incurred
Cost Center Date Of Loss Date Report T <Status Paid Paid Paid Paid Paid Paid Paid Paid
Employer Ace Oese Cause Carrier
While employee was Falling, Flying Objects JE
mowing the right.of~way,
the mower picked up a
rock and threw it into the
rear window of the
mower, causing it to
shatter,
56-07240802050 None 56 749.49 0,00 0,00 0,00 000 000 0,00 749.49
0000122410 712412008 712412008 91312008 749.49 0,00 0,00 0,00 0,00 0,00 000 749.49
.""-1 Mgt was haVing Glass Breakage JE
lass Installed (on
, #07090802025) in
a mower and during final
assembly, the glass
popped and shattered,
GOlnd iotals:6 claims" 6.787,36 0.00 4,436.30 0.00 ' 0.00 0.00 0:00 11,223.66
"S.~
6,787.36 0.00 ' 4,436.30 0.00 0.00 0.0l! 11,223.66
",STARS""!,,,,;
.2.
Wednesday, October 15, 2008
1134:18AM
Collier County Government Agenda Item No. 16E25
October 28 2008
Workers' Compensation Closed Claim Report (claimant names removed) ~S'TA~L~~,).-t
4th Quarter FY 2008
Claim Number Employee Name Coverage Med/BI/Comp Expense Ind/PD/ColI Deductible Totallnc
Cost Center Date of Loss Date Report to Status Incurred Incurred Incurred Incurred Incurred
Employer Ace Desc. Cause Risk Ca rrier Paid Paid Paid Paid Paid
10-02010801599 10 5,103.02 219.58 9.010.90 0.00 14,333,50
0000144610 2/1/2008 2/5/2008 9/1 8/2008 5,103,02 219,58 9.010.90 0,00 14.333,50
Employee felt a pop followed by pain in her right wrist Lifting JE
after lifting a backboard from the truck cabinet.
10-03130801697 10 10.229.83
0000138911. .. 311312008 .... 3/13/2008 8/29/2008 . 10,229.83
Employee tOPped and fell on her right knee while. . . . Fall Same Level JE
stepping on a cement block to step up on porch.
10-04220801812 10 9,874,11 1,998,81 2,600,14 0,00 14,473,06
0000233351 4/22/2008 4/24/2008 8/28/2008 9,874,11 1,998,81 2.600,14 0,00 14,47" ~c;
County vehicle was struck by another vehicle while Automobile, Vehicle JE
stopped for a stop sign at the intersection of Sholtz ACCident
Street & Carolina Ave,
10-05200801896 10 15.786.10 1,033.16 0,00 16,819.26
0000155410 5/20/2008 5129/2008 7/212008 15,786.10 1.033.16 0,00 16.819.26
,..,...." '"..". ......... ',. -',.... ,'". .".. >.".......,.- -.... - ',-
" -.,-:'-', ..:';.... ,::.,.. <,./., .,.....'.. .. --'," '-'--'.. ..,.:. "",_'''',,:,.' ~, """," ...... _' .... ", '0
A volunteer received a cat bite on her right wrist while Acts of Animal JE
handling the animal.
10-06120801989 10 223.00 11,90 0,00 0,00 234,90
0000156342 6/12/2008 6/13/2008 7/14/2008 223,00 11,90 0,00 0,00 234,90
Employee twisted her neck while putting a box on a Twisting JE
shelf.
iO-06130801955 10 561.00 41.65 0.00 0.00 602,65
0000156363 6/1312008 6/1612008 7ft 4/2008 561.00 41.65 0,00 0.00 602.65
Employee stepped in hot ashes from a smoldering fire Hot Objects JE
while on sea turtle patrol.
10-06170801957 10 272.06 30,81 0,00 0,00 302,87
0000156344 6/17/2008 6/18/2008 7/1/2008 272,06 30,81 0,00 0,00 302,87
Employee felt pain in his lower back when he slipped
while fixing a broken pipe.
Slipped
JE
Agenda Item No. 16E25
October 28, 2008
Page 16 of 34
1 0-06200801990
0000138911
6/20/2008
7/2/2008
10
7/14/2008
JE
169.00
169.00
11.90
11.90
0.00
0.00
0.00
0.00
180.90
180.90
Employee believes she was bitten on the right leg by an Animal. Insect Bite
insect while walking through a vacant lot.
10-06270801991
0000156425 6/27/2008
'yee stubbed her right toe on the leg of a futon. Struck Against Object
7/1/2008
10
7/28/2008
JE
160.00
160.00
17.85
17.85
0.00
0.00
0.00
0.00
177.85
177. 85
10-07010802000
0000156315 7/1/2008
Employee's left arm was pulled by a child attending Pulling/Pushing
summer camp which caused pain in her shoulder.
7/1/2008
10
8/4/2008
JE
370.00
370.00
29.75
29.75
0.00
0.00
0.00
0.00
399.75
399.75
10-07140802028
0000253212 7/14/2008
Employee felt pain in his left shoulder while opening a NEe Overexertion
24' valve.
7/1 6/2008
10
7/22/2008
JE
204.00
204.00
17.85
17.85
0.00
0.00
0.00
0.00
221.85
221.85
10-07230802052
0000163620 7/23/2008
Employee slipped and strained his ankle while working Slipped
with weed eater.
7/23/2008
10
8/29/2008
JE
2.823.14
2,823.14
49.45
49.45
0.00
0.00
0.00
0.00
2.872.59
2.872.59
10-07260802074 10 664.19 36.82 0.00 0.00 701.01
0000138911 7/26/2008 7/28/2008 8/13/2008 664.19 36.82 0.00 0.00 701.01
Employee was driving on Airport Road attempting to Automobile. Vehicle JE
turn left onto Naples Blvd. when he was rear-ended by ACCIdent
another vehicle.
10-07290802064 10 962.01 66.12
000031~11Q, . . . . . 7/2912008 '. 7/29/2008 9/2/2008 962.01., . 66.12,
Employee felt pain in her back while trying to lift a box of Lifting JE
c hecks_
10-07300802075 10 223.00 11.90 0.00 0.00 234.90
0000163628 7/30/2008 7/31/2008 8/612008 223.00 11.90 0.00 0.00 234.90
Employee was attacked by bees while mowing. Animal, Insect Bite JE
10-07310802076 10.
~,,{ '.".,-'
0000156380 ~,_. , ,.,.... 7/3112008' 7/3112008 8/2612008 '.
EmPI()Y~'s~ghfh~nd~as~ugtrt:~~ha i6~.'.?:' '~lJgh\ ~tViee~ Objects JE
dressing machine and a Toro utility eartcausing a, .
laceration that required 5 stitChes. '.
10-07310802095 10 66.00 5.95 0.00 0.00 71.95
0000163620 7/31/2008 8111/2008 8/12/2008 66.00 5.95 0.00 0.00 71.95
Employee sprained his right ankle after stepping into a Stepped In hole
hole.
JE
10-08080802094
00001 5541 0 8/8/2008
Employee strained her left wrist when she helped to lift a Lifting
large. dead animal.
8/8/2008
10
9/12/2008
JE
1,073.00
1,073.00
17.85
17.85
Agenda Item No. 16E25
October 28. 2008
Page 18 of 34
0.00 0.00 1.090.85
0.00 0.00 1,090.85
10-08140802113
0000122240
8/14/2008
8/15/2008
10
9/4/2008
JE
372.59
372.59
0.00
0.00
0.00
0.00
0.00
0.00
372.59
372.59
Employee fell to the ground while getting off the back of Fall Different Level - NEe
a truck.
10-08190802115
0000210130
8/19/2008
8/20/2008
10
9/12/2008
JE
287.83
287.83
0.00
0.00
0.00
0.00
0.00
0.00
287.83
287.83
Employee strained his lower back while moving a desk. Pulling/Pushing
10-08200802122 10 351.76 0.00 0.00 0.00 351.76
0000253212 8/20/2008 8/20/2008 8/25/2008 351.76 0.00 0.00 0.00 351.76
Employee was stung on the Shoulder/back by a wasp. Animal, Insect Bite JE
1 0-0823080213e.... 0.00 0.00
0000144380 . 8/23/2008 . 8/2612008 0.00 0.00
10-08250802128
0000144610 8/25/2008
8/25/2008
10
9/9/2008
JE
154.00
154.00
0.00
0.00
0.00
0.00
0.00
0.00
154.00
154.00
Employee inhaled smoke while extinguishing a car fire. Inhaled
10-08310802184 10 17.00 0.00 0.00 0.00 17.00
0000144610 8/31/2008 8/31/2008 9/9/2008 17.00 0.00 0.00 0.00 17.00
Employee slipped & fell while walking down wet. metal Fell From Stairs JE
stairs.
10-09020802227 0.00 !In.,,!)
0000155410 9/2/2008; 0.00
EmPlo~steppeci on a nail. . . Stepped On Object .
10-09050802256 10 206.00 0.00 0.00 0.00 206.00
0000163615 9/5/2008 9/8/2008 9/16/2008 206.00 0.00 0.00 0.00 206.00
Employee's right shoe heel slipped on the plastic chair Slipped JE
mat causing her to sprain her right knee.
10-09080802271 10 0.00 0.00 0.00 0.00
0000108010 . 9/812008 9/912008 9/2412008 0.00 <. 0.00 . 0.00
The chair an employee was attempting to get into rolled, Fall Same Level- NEe JE
causing her to fall onto the floor.' .
10-09160802323 10 0.00 0.00 0.00 0.00 0.00
0000144610 9/16/2008 9/16/2008 9/23/2008 0.00 0.00 0.00 0.00 0.00
Employee was preparing to load a stretcher into an Lifting JE
ambulance. While the head of the stretcher was being
loaded by a firefighter, the foot of the stretcher
collapsed, causing pain in the employee's back.
10-09210802341 10 0.00 0.00 0.00 0.00 0.00
26-3608
0000210152 412612002
Employee tripped on uneven pavement and fell on her Tnpped
knees. causing injury to her right knee.
412612002
10
912612008
JE
20,804.03
20,804.03
15.745.07
15,745.07
14.628.00
14.628.00
0.00
0.00
51,177.10
51.177.10
_.
Agenda Item No. 16E25
October 28, 2008
Collier County Government Page 21 of 34
Subrogation Closed Claim Report
4th Quarter FY 2008
Med/bi/comp Expense Ind/pd/coll Recovery Deductible LeQal Other Totallnc
Claim Number Claimant Name Coverage Incurred Incurred Incurred Incurred Incurred Incurred Incurred Incurred
Cost Center Date Of Loss Date Report TcStatus Paid Paid Paid Paid Paid Paid Paid Paid
Emplover Ace Desc. Cause Carrier
41-06110801929 CC v. Bell, Helen 41 0.00 000 000 38.67 0.00 0.00 0.00 0.00
0000233351 6/11/2008 6/11/2008 7/21/2008 0.00 0.00 0.00 38.67 0.00 0.00 0.00 0.00
Employee pulled asset Collision- Hit by Another Vehicle JE
#050168 onto 13th Ave
N. to remove a plastic
bag that was caught
under his truck and it was
struck by another vehicle
that was pulling out.
53-03140801768 CC v. Lightner. David PMil 53 0.00 0.00 0.00 10,800.00
0000253212 0.00 0.00 0.00 10.800.00.
David Lightner struck a
fire hydrant at the-:
intersection of Sandpine
Drive & Pelican Ridge
Blvd. which ceused a
water main break:
53-03260801943 Taylor, Randall 53 0.00 ODD 0.00 371.82 ODD 0.00 ODD 0.00
0000163620 3/26/2008 6/17/2008 7/21/2008 0.00 0.00 0.00 37182 0.00 ODD 0.00 0.00
Randall Taylor was Collision Fixed Object JE
traveling west on US41 In
the westbound lane and
under-sleered in a curve
to the left and struck a
guardrail.
53-04210802015 South Florida Water Manag 53 0.00 000 0.00 1,236.25 0.00 0.00 0.00 0,00
0000163630 4/2112008 7/912008 811312008 0.00 0.00 0.00 1,236.25 0.00 0.00 0.00 0.00
~STARS
-1-
Wednesday. October 15, 2008
11-:30-:14AM
Collier County Government
Agenda Item No. 16E25
October 28. 2008
Page 22 of 34
Subrogation Closed Claim Report
4th Quarter FY 2008
Med/bi/comp Expense Ind/pd/coll Recovery Deductible LeQal Other Totallnc
Claim Number Claimant Name Coverage Incurred Incurred Incurred Incurred Incurred Incurred Incurred Incurred
Cost Center Date Of Loss Date Report TeStatus Paid Paid Paid Paid Paid Paid Paid Paid
Employer Ace Desc. Cause Carrier
Stephen Saloker parked Collision Fixed Object JE
his work vehicle (South
Florida Water
Management District) on
the grassy shoulder on
Airport Road to perform
work in the area \Nhen
he was leaving the area,
he struck a light pole
~5300801963 Baker, Brent 53 000 000 000 895.63 000 0.00 000 0.00
1 63620 5/30/2008 6/17/2008 7/23/2008 000 0.00 0.00 89563 0.00 000 0.00 0.00
Baker was Collision Fixed Object JE
lldveling north on Collier
Blvd. and when he
attempted 10 shift gears,
his vehicle began to spin
and struck the
A
&
0000122240
7/22/2008
9/12/2008
0.00
000
000
167.61
0.00
0.00
""STARS K..,~mt
-2-
Wednesday, October 15, 2008
11:30:14AM
Agenda Item No, 16E25
October 28, 2008
Collier County Government Page 23 of 34
Subrogation Closed Claim Report
4th Quarter FY 2008
Medlbl/comp Expense Indlpdlcoll Recovery Deductible Leqal Other Totallnc
Claim Number Claimant Name Coverage Incurred Incurred Incurred Incurred Incurred Incurred Incurred Incurred
Cost Center Date Of Loss Date Report TeSlatus Paid Paid Paid Paid Paid Paid Paid Paid
Emplover Acc Desc Cause Carrier
Employee passed Collision Fixed Object JE
through the gate (using
badge to gain access) on
a galf cart and a vendor's
vehicle attempted to
follow through without the
gate clOSing first and
damaged the gate.
53.0918070t 427 CC v. Gerald Gibbs 53 0.00 000 000 201.43 000 0.00 000 o nn
0000163620 911812007 1111912007 911812008 000 000 0.00 201.43 0,00 000 0.00
Gerald Gibbs was Collision Fixed Object JE
traveling westbound on
US41 and a semi was
traveling eastbound on
US41 Mr Gibbs' vehicle
drove into the path of the
semi and was struck
head-on, began to rotate
clockwise, then struck a
guardrail.
53-09200701413 CC v, Saint Louis, Fritznel 53 000 0,00 0,00 0.00 0.00
00001$3630 912012007 1112012007 911512008 0,00 0.00 0,00 0,00 000
Frltznel Saint Louis was Collision Fixed Object JE
traveling east on US41. .
1hen made a left hand:, . "-
turn totravet hcirt/ion St':
AndreWsEllvd.. ~riving
directly i.nfront of an
oncoming vehicle and
striking ft, then a '
pedestrian traffic signal.
53-10030701661 CC v. Roque, Hector Thom 53 0.00 000 000 9775 000 000 0.00 000
0000163620 101312007 212912008 713012008 000 000 000 97.75 000 000 0.00 000
~STARS -3- Wednesday, October 15. 2008
11:30:14AM
Collier County Government
Agenda Item No. 16E25
October 28, 2008
Page 24 of 34
Subrogation Closed Claim Report
4th Quarter FY 2008
Medlbi/comp Expense Ind/pd/coll Recovery Deductible Le~al Other Totallnc
.........--....
Claim Number Claimant Name Coverage Incurred Incurred Incurred Incurred Incurred Incurred Incurred Incurred
Cost Center Date Of Loss Date Report TcStatus Paid Paid Paid Paid Paid Paid Paid Paid.
Employer Ace Desc. Cause Carrier
Yam let Alvarez was Collision Fixed Object JE
traveling northbound (in
Hector Roque's vehicle)
on Everglades Blvd. and
lost control of the vehicle
due to wet roads while
turning onto Golden Gate
Bivd. and struck a road
sign
!W...11210701456 CC v. Embarq 53 0.00 0.00 000 5,906.56 000 000 000 000
'10120 11/21/2007 12/6/2007 8/12/2008 000 0.00 0.00 5,906.56 0.00 000 0.00 000
lief lateral was Miscellaneous Operations JE
aamaged by Embarq's
telephone/cable
construction and caused
a backup at 176 Heron
CC v. Lamarsh, Linda
2/2/2007 5/25/2007
54
8/12/2008
000
0.00
000
0.00
000
000
2,79191
2,791.91
000
0.00
000
000
000
0.00
0.00
0.00
~STARSR"'~on
-4-
Wednesday, October 15, 2008
11:30:14AM
Agenda Item No, 16E25
October 28, 2008
Collier County Government Page 25 of 34
Subrogation Closed Claim Report
4th Quarter FY 200B
Med/bi/comp Expense Ind/pd/coll Recovery Deduclible LeQal Other Total Inc
Claim Number Claimant Name Coverage Incurred Incurred Incurred Incurred Incurred Incurred Incurred Incurred
Cost Center Date Of Loss Date Report T cStatus Paid Paid Paid Paid Paid Paid Paid Paid
Employer Ace Desc, Cause Carrier
Linda Lamarsh was Collision Fixed Object JE
sitting at a stop light on
Pine Ridge Road near
1-75 & when the light
turned green, she did not
move. After a short tIme,
she fell over onto the
passenger side of the
vehicle & accelerated
until she struck a median
& landscaping,
54-02140802152 Gilson, Mark 54 000 000 000 1,21670 0,00 000 000
0000163647 2/14/2008 8/22/2008 9/15/2008 000 000 000 1,21670 0,00 0,00 0,00 000
Mark Gilson was Ran Off Road JE
traveling northbound on
Airport Road when he
either fell asleep or lost
conciousness & drove
over the raised curb edge
and into the median
54-06010802044 0,00 0,00 0,00
0,00 0,00 000
traveling
Tamiami
lost
54.06050802031 CC v, Anderson, Donald 54 000 000 000 1,69000 0,00 000 000 000
0000163647 6/5/2008 7/11/2008 8/5/2008 0,00 0,00 0,00 1,69000 0,00 000 000 0,00
""STARS'"'LVi
-5-
Wednesday, October 15, 2008
11:30:14AM
Collier County Government
Agenda Item No. 16E25
October 28 2008
Page 26 of 34
Subrogation Closed Claim Report
4th Quarter FY 2008
Med/bi/comp Expense Ind/pd/coll Recovery Deductible LeQal Other Totallnc
Claim Number Claimant Name Coverage Incurred Incurred Incurred Incurred Incurred Incurred Incurred Incurred
Cost Center Date Of Loss Date Report TeStatus Paid Paid Paid Paid Paid Paid Paid Paid
Emplover Acc Desc. Cause Carrier
Donald Anderson was Ran Off Road JE
traveling northbound on
C.R 851 and changed
into the left lane, which
was occupied by another
vehicle. The other
vehicle applied his
brakes to avoid a
colliSIon & skidded into a
"""'IJian, damaging
caplng
,090802013 Falcon, Ariel 54 0.00 0.00 000 4,452.16 000 0.00 0.00 0.00
UU00163647 6/9/2008 6/17/2008 7/23/2008 0.00 0.00 0.00 4,452.16 000 0.00 0.00 0.00
Ariel F alcen was Ran Off Road JE
traveling west on Pine
Ridge Road when he
failed to keep his vehicle
under control after
hydroplaning and spun
out into a median,
damaging landsaping
and Irrigation.
~STARS, DI\
-<3-
Wednesday, October 15, 2008
11:30:14AM
Agenda Item No. 16E25
October 28. 2008
Collier County Government Page 27 of 34
Subrogation Closed Claim Report
4th Quarter FY 2008
Med/bi/comp Expense Ind/pd/coll Recovery Deductible LeQal Other Totallnc
Claim Number Claimant Name Coverage Incurred Incurred Incurred Incurred Incurred Incurred Incurred Incurred
Cost Center Date Of Loss Date Report TeStatus Paid Paid Paid Paid Paid Paid Paid Paid
Employer Ace Desc. Cause Carrier
0000163647 7/11/2006 2/5/2008 8/27/2008 000 000 0.00 3,33500 0.00 000 0.00 0.00
Andrew Giles was Collision Fixed Object JE
traveling eastbound on
Golden Gate Parkway
and began to hydroplane
due to Inclement
weather, his vehicle left
the roadway and struck 2
palm trees & other
landscaping
54.12290702026 Lazure, Jason T. 54 000 0.00 000 1.360.00 000 000 000
0000163647 12/29/2007 7/10/2008 8/22/2008 000 000 0.00 1.360.00 000 000 000 O.uO
Jason Lazure was Ran Off Road JE
making a left turn onto
US41 from Commercial
Drive & alleges he heard
a metallic snap & the
steenng wheel shake
He then lost control of
the steenng and traveled
into the center median,
striking landscaping
Grand Totals: 20 Claims 0.00 0.00 0.00 44,016.02 0.00 0.00 0.00 0.00
><"
0.00 0.00 0.00 44,016.02 0.00 0.00 0.00 0.00
",STARS;"!",,
-7-
Wednesday October 15. 2008
1130: 14AM
Collier County Government
Agenda Item No. 16E25
October 28.2008
Page 28 of 34
Other Lines Closed Claim Report
4th Quarter FY 2008
Medlbilcomp
Expense
Ind/pd/coll
Recovery
Deductible
Leqal
Other
Total Inc
Claim Number
Cost Center
Emplover Ace Desc.
Claimant Neme Coverage
Date Of Loss Date Report TcStatus
Cause Carrier
Incurred
Paid
Incurred
Paid
Incurred
Paid
Incurred
Paid
Incurred
Paid
Incurred
Paid
Incurred
Paid
Incurred
Paid
14-03110801731
0000155810
Damages arising out of
allegations of medical
negligence involving the
Foundation for Women's
Health
GnindToial.r:1 Ct"i';; .
Saucedo, Maria
3/11/2008 3/13/2008
Malpractice
140
8/5/2008
JE
000
0.00
0.00
000
000
000
0.00
0.00
000
000
000
000
0.00
0.00
000
0.00
0.00
0.00
0.00
O.qo
",STARS!'."~ml
.1-
Wednesday, October 15, 2008
11 :37:43AM
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth JUdicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
Resolution 2004-15
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of January, 2004.
By:
"1<' ':".. .......
Linda Houtze''',~ ."~~"~~';'.
t-j'I"~,I" ",,- .
Deputy Cler~' ~~..,
Agenda Item No. 16E25
October 28, 2008
Page 29 of 34
DATE RECEIVED
JAN 2 0 2004
RISK MANAGEMENT
Agenda Item No. 16E25
October 28,2008
Page 30 of 34
RESOLUTION NO. 04---1..L.
RESOLUTION GRANTING LIMITED AUTHORITY TO THE RISK MANAGEMENT
DIRECTOR TO SETTLE CERTAIN DAMAGES CLAIMS AGAINST COLLIER
COUNTY AND TO AUTHORIZE THE PAYMENT OF INVESTIGATION AND
ADJUSTMENT EXPENSES AS PRESENTED TO THE COUNTY'S RISK
MANAGEMENT PROGRAM.
WHEREAS, Collier County Government, through the Risk Management
Department, operates a risk management program as permitted pursuant to Florida
Statutes 768.28 for the purpose of financing, preventing and controlling various types
of losses and the claims resulting from same; and
WHEREAS, the management of these losses and resultant claims may involve
the coordination of Workers' Compensation, Property, Liability, Automobile, Aviation
and other lines of insurance and/or self-insurance programs; and
WHEREAS, the Board of Commissioners approves annually in public session the
retention of various portions of these losses in the form of self-insured retentions, large
deductibles or maintenance deductibles, by whatever name called, all of which involve
the expenditure of public funds; and
WHEREAS, the Board has approved the creation of various Self-insurance Funds
as part of its budgeting process; and
WHEREAS, the Risk Management Director is responsible for the day-to-day
management of these Funds; and
WHEREAS, it is the Board's intention to delegate to the Risk Management
Director the authority to settle claims matters in order to promote the efficient use of
resources; to promote the efficient administration of the program; and to allow for a
timely response to claimants and/or their representatives; and
WHEREAS, the Board finds that the limited delegation of settlement authority to
the Risk Management Director serves a valid public purpose;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Risk Management Director, or his designee, shall have the authority to
investigate and settle claims made against the County and presented to the Risk
Management Program as follows:
Definitions:
Action (Cause of Action) - An Action shall mean a written complaint filed in a court
of law of Florida, any other state, or the United States.
Adjuster - An individual representing the County, an insurance carrier and/or the
insured and acting on their behalf to determine the applicability of coverage; the
amount of a loss; and the liability of the County.
Clalm- A demand for benefits as a result of damages made by a Claimant and/or
their representative and as may be provided by a policy of insurance or self-
insurance program. A Claim may include a written notice of demand and intent
to sue as defined by Florida Statutes 768.28 and as required precedent to the
filing of any Action.
Damages- The amount required to pay for a loss.
Deposltion- A sworn statement of a witness or other party in a judicial proceeding.
1
Agenda Item No. 16E25
October 28, 2008
Page 31 of 34
Excess (Insurance) Carrier (Policy)- An insurance carrier, either on an admitted
or non-admitted basis, who underwrites coverage on the basis of an excess of a
self-insured retention.
Employer's Liability- Coverage against common law liability of an employer for
accidents to employees, as distinguished from liability imposed by a Workers'
Compensation law.
First Party- The Collier County Board of Commissioners, its Divisions,
Departments, employees, Boards, Authorities and all other parties who derive
their authority to operate from the Board of Commissioners. First Party shall
also include participating Constitutional Agencies and their operations.
Loss Adjustment Expenses - Expenses incurred to investigate and settle losses.
Mediation- An informal means of trying to promote settlement of a dispute. It
involves a third-party mediator who meets the parties to the dispute arid tries to
get them to agree on a settlement.
Plaintiff - The term "Plaintiff" as used herein may refer to a party who has asserted
a Claim, also sometimes referred to as a "Claimant".
Policy - The written contract effecting insurance, or the certificate thereof, by
whatever name called, and including all clause, riders, endorsements, and
papers attached thereto and made a part thereof.
Property Loss- Loss to the insured's property by reason of a covered peril.
Purchasing Policy- The Collier County Purchasing Policy as approved by the
Board of Commissioners.
Risk Management (Program) - The management of the pure risks to which a
company might be subject. It involves analyzing aU exposures to the possibility
of loss and determining how to handle these exposures through such practices
as avoiding the risk, retaining the risk, reducing the risk, or transferring the risk,
usually by insurance.
Self-insured Retention- That portion of damages and loss adjustment expenses
related to an occurrence which are paid by the insured under an excess
insurance policy.
SeUle/Settlement- Agreement to dispose of a Claim between an alleged injured
party and an alleged party at fault. typically to include the payment of
consideration, and including the execution of any associated settlement
agreements.
Subrogation - The right to recover from a third party the amount paid under an
insurance policy or retained loss.
Errors and Omissions- Coverage for liability resulting from errors or omissions in
the performance of professional duties and includes the acts of public officials.
Workers' Compensation (Act)- Chapter 440 of the Florida Statutes which
establishes the Florida Workers' Compensation Act and includes a system of
wage replacement benefits for and medical treatment of compensable work-
related injuries and occupational diseases, as well as the Administrative
Procedures governing the administration of the Act.
paims AQainst Collier County
1) Bodily Injury Liability Claims- The Risk Management Director shall have the
authority to settle Claims that do not exceed $50,000 inclusive of Plaintiff's
attorney's fees, damages and expenses but exclusive of Loss Adjustment
Expenses. Claims wherein a Cause of Action has been filed shall require
settlement approval by the Board of Commissioners.
2) Property Damage Liability Claims- The Risk Management Director shall have
the authority to settle Claims that do not exceed $75,000 inclusive of Plaintiff's
attorney's fees, damages and expenses but exclusive ot Loss Adjustment
Expenses. Claims wherein a Cause of Action has been filed shall require
settlement approval by the Board of Commissioners.
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October 28, 2008
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3) Errors and Omissions, Professional, Public Officials Claims- The Risk
Management Director shall have the authority to settle Claims that do not exceed
$50,000 inclusive of attorney's fees, damages and expenses but exclusive of
Loss Adjustment Expenses. Claims wherein a Cause of Action has been filed
shall require settlement approval by the Board of Commissioners.
All settlements shall be subject to the Loss Verification and Expense Procedures
contained herein.
Property Losses Includina Automobile Phvslcal Damaae (First Party)
The Risk Management Director shall have the authority to authorize the payment
of property Claims to County owned property pursuant to the terms of coverage
and subject to the Loss Verification and Expense Provisions contained herein.
Workers' Compensation Claims
1) Workers' Compensation (exclusive of Employer's Liability)- Due to the
administrative nature of Workers' Compensation Claims, the Risk
Management Director shall have the authority to settle Claims issues,
including petition for benefits issues, medical, indemnity, and impairment
benefit issues including medical and indemnity washouts pursuant to Florida
Statutes Chapter 440, subject to the final approval of the Judge of
Compensation Claims, if applicable.
2) Employer's Liability- The Risk Management Director shall have the authority to
settle Claims that do not exceed $50,000 inclusive of plaintiff's attorney's fees,
damages and expenses but exclusive of Loss Adjustment Expenses. Claims
wherein a formal Cause of Action has been filed shall require settlement
approval by the Board of Commissioners.
Subrogation
1) Bodily Injury and Property Damage Claims- The Risk Management Director
shall have the authority to pursue rights of subrogation on the County's behalf
for damages incurred by the County and may enter into agreement to settle
such Claims unless a Cause of Action is required to enforce the County's
subrogation rights. If a Cause of Action is required, approval by the Board of
Commissioners shall be required to bring such Action and the Board of
Commissioners must approve settlement.
2) Workers' Compensation Claims- The Risk Management Director shall have
the authority to pursue liens and/or rights of subrogation on the County's
behalf for expenses incurred by the County which are caused by a third party.
The Risk Management Director may approve an agreement to settle such
liens or Claims unless a Cause of Action is required to enforce a malter. If a
Cause of Action is required, approval by the Board of Commissioners shall be
required to bring such Action and the Board of Commissioners must approve
settlement.
Loss Adjustment Expenses
The Risk Management Director shaH have the authority to authorize the payment
of Loss Adjustment Expenses necessary to investigate and settle Claims brought
against the County. Such expenses shall include but not be limited to the cost to
retain experts, pay records expenses, pay filing fees and costs, pay the costs of
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Agenda Item No. 16E25
October 28, 2008
Page 33 of 34
depositions, procure private investigation services, perform records reviews and
searches, procure bill review services, procure appraisals, and procure other
expenses necessary to investigate, authenticate, or evaluate a Claim made
against the County. The Board of Commissioners waives the Collier County
Purchasing Policy as to these expenditures but such shall be subject to the Loss
Verification and Expense Provisions contained herein. Loss Adjustment
Expenses shall not include the hiring or retaining of outside counsel to represent
the Board or individual employees named in a Cause of Action. The hiring of
outside counsel shall be subject to the approval of the Office of the County
Attorney and the Board of Commissioners.
Loss Verification and EXDense Provisions
The Risk Management Director shall document each Claim file with the following
documents and records to support the settlement of Claims and/or the finding of
negligence on the part of the Board of Commissioners to support the settlement
of claims as permitted pursuant to this Resolution.
1) The completion of a Claim Form.
2) The completion of an investigation form including witness statements,
collection of evidence, pictures, diagrams, etc.
3) The collection of necessary documentation to approximate the value of the
loss.
4) A written recommendation by the Risk Management staff member or the
contracted Adjuster performing the investigation as to the issue of liability,
Claim valuation, economy and efficiency, and or other reasons for the
recommendation to settle within recommended amounts.
5) A written recommendation by legal counsel, in the case of proposed
liability claims settlements in excess of $25.000.00, outlining the
parameters for settlement.
6) A Closed File report will be presented to the Board on a quarterly basis as
a Consent Agenda item to apprise the Board of settlements approved
during the preceding quarter.
The approval of Loss Adjustment Expenses shall be subject to the following
provisions:
1) The Risk Management Director may approve the purchase of specialty
services procured from vendors utilized by the Adjusting Company for their
clients and when performed on the County's behalf to evaluate a Claim.
The Adjusting Company shall disclose the estimated cost to provide the
service prior to approval. The Risk Management Director may evaluate the
cost/benefit of using same when evaluating the decision to settle a Claim.
2) If a service, document or thing is available from a single source, the
payment of fees shall be permitted if such service, document or thing is
necessary to authenticate the Claim. The Risk Management Director may
evaluate the cost/benefit of this expenditure when evaluating the decision
to settle a Claim.
3) The Risk Management Director may approve Loss Adjustment Expenses
when the expertise or availability in a given area of expertise or seNice is
determined by the Adjuster and the Risk Management Director to be
narrow or limited or the availability of such service is limited due to
geography and such expense is determined to be necessary to
authenticate and evaluate the Claim. The Risk Management Director may
evaluate the cost/benefit of this expenditure when evaluating the decision
to settle a Claim.
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October 28, 2008
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4) If the County has exceeded its Self-insured Retention or has exceeded the
notification requirements for an Excess Carrier as to the Self-insured
Retention for a given Claim, the Risk Management Director, through the
Adjusting Company shall coordinate the approval of expenditures with the
Excess Carrier so as not to jeopardize the repayment of Reinsurance
Funds.
5) The purchase of outside legal counsel services shall require the approval
of the Office of the County Attorney and the Board of Commissioners.
Settlement Documents
The Risk Management Director, through the County's adjusting company and the
Office of the County Attorney, shall prepare settlement and release documents for use
in the settlement of non-litigated matters. Such documents shall be executed by the
Risk Management Director upon settlement of the Claim in question, pursuant to the
provisions of this Resolution. A copy of the standard form settlement document in
blank is attached as Exhibit 1 and is approved as part of this Resolution.
Deleaatlon of Authority
The Risk Management Director may, at his/her discretion, delegate this authority in
part or in full on a temporary basis to a member of his/her staff or on a temporary,
limited basis to the County's contracted adjusting company in the event of availability,
schedule conflict, or other conflict. Such delegation may include attendance at
mediation, arbitration, and/or trial. However, all settlement and release documents
must be executed by the Risk Management Director.
This Resolution adopted after motion, second and majority vote, favoring same.
DATE: 1-13-
,2004
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By ~ }~
'-13 -D4 ,CHAIRMAN
c.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By: ~t-J/~!
Michael W. Pettit
Chief Assistant County Attorney
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