Westchester County
New York

Act
ACT-2018-196

Settlement of Workers Comp Lien (R.J.)

Information

Department:County AttorneySponsors:
Category:Lawsuit Settlement

Body

AN ACT authorizing the County Attorney and the Commissioner of Finance to compromise the liability of the County of Westchester and pay a reduced lump sum to a former County employee in lieu of future payments.

Meeting History

Oct 29, 2018 7:00 PM Video Board of Legislators Regular Meeting

On motion of Ms. Parker the above item was received, filed and referred to the Committees on Budget & Appropriations and Law & Major Contracts.

RESULT:REFERRED TO COMMITTEE
Nov 16, 2018 8:30 AM Video Law & Major Contracts Committee Meeting

Mr. Nonna and Mr. Carey discussed the case, in which R. J., a County correction officer, slipped on a wet floor and injured his back and right knee. He was out of work for over a year; when he returned, he was only able to work for one day. He retired with a disability retirement.

The County seeks authorization to compromise its liability by funding an MSA for R.J.’s benefit of $12,085.29, and paying him an indemnity (lost wage) payment of $135,000.00, for a total of $147,085.29 in full satisfaction of the future indemnity and medical payments.

Legislator Maher asked how the number of compensation claims for Correction Officers compares with claims from other departments. Mr. Nonna said he will check with risk management and provide an answer.

Legislator Burrows asked how returning to work for one day impacts on the disability award. Mr. Nonna said he will check with risk management and provide an answer.

With a motion by Legislator Covill seconded by Legislator Barr, the item was approved with a vote of 3 - 0.

RESULT:SIGNED BY COMMITTEE
Nov 16, 2018 8:31 AM  Budget & Appropriations Committee Meeting

Joint with LMC @ 8:30 AM.

Guest: Assistant County Sean Carey

With a motion by Legislator Maher and seconded by Legislator Barr the item was approved with a vote of 5-0.

RESULT:SIGNED BY COMMITTEE
Nov 19, 2018 7:00 PM Video Board of Legislators Regular Meeting

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS AND LAW & MAJOR CONTRACTS.

Ms. Borgia and Mr. Williams presented the report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote.

RESULT:ADOPTED [UNANIMOUS]
AYES:Catherine Parker, John G. Testa, Nancy Barr, Catherine Borgia, Gordon A. Burrows, Terry A. Clements, Kitley Covill, Margaret A Cunzio, Christopher Johnson, Michael Kaplowitz, Damon Maher, Virginia Perez, MaryJane Shimsky, David J. Tubiolo, Alfreda Williams, Lyndon Williams, Benjamin Boykin