Westchester County
New York

Act
ACT-2018-197

Settlement of Workers Comp Lien (D.M.)

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 D. M., a County correction officer, was assaulted by an inmate, and suffered numerous physical injuries, post-traumatic stress disorder, depression and headaches. He never returned to work, and voluntarily retired. The County seeks authorization to compromise the County’s liability by funding an MSA for D.M.’s benefit of $64,791.96, and pay him an indemnity (lost wage) payment of $130,000.00, for a total of $194,791.96 in full satisfaction of the future indemnity and medical payments.

Legislator Williams asked how the County's reserve on future medical expenses is determined. Mr. Nonna responded that Triad, the third-party claims processor, determines this. Legislator Covill asked how the County ensures that the MSA payment is used to fund medical care, especially if the amount of care is tapering off. Legislator Williams asked who receives the lump sum settlement payment, and who administers the money. Mr. Nonna said that Triad should come to a committee meeting to answer these questions, and explain how the workers' compensation process works.

With a motion by Legislator Barr seconded by Legislator Covill, 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 Barr and seconded by Legislator Maher 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