Fla. County Set to Settle Workers` Comp Case for Injured Paramedic
Aug. 11--WEST PALM BEACH -- Palm Beach County is set to accept $600,000 to settle a federal lawsuit over workers' compensation that dates back three decades.
In February 2015, the county sued Safety National Casualty in U.S. District Court, saying it improperly withheld more than $440,000 in reimbursements in the case of Larry Aversano, a county Fire-Rescue firefighter-paramedic injured on the job in 1986 and 1988.
The county had a policy under which Safety National was to reimburse it for workers' comp losses beyond $350,000. In its suit, it said it tried repeatedly to get Safety National to reimburse the county. The suit claimed that as of Aug. 15, 2013, it had incurred $795,671 and expected to recover $445,671.
A draft memo for Tuesday's commission meeting, at which commissioners are expected to approve the agreement, said that figure now is up to $600,726.
The suit said Safety National argued the county violated its policy by not reporting the claim in a timely manner and failing to settle the case.
According to the suit, Aversano experienced back pain in 1986 and 1988 after lifting either patients or equipment. He continued to work, but his condition worsened over time and he left the job in 1994. Aversano filed for permanent total disability on July 22, 1998, seeking benefits from 1995 onward.
County Attorney Denise Nieman said Wednesday she can't comment because the suit still is active until the commission approves the settlement. Steven Main, an attorney for Safety National Casualty, also declined comment.
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