Submitted By: Richard Dennis
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Presentation By: William E Sexton
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Department: Human Resources and Risk Management
FORMAL TITLE:
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Workers Compensation settlement in the matter of Betty Moore versus City of Ocala, Florida with a proposed settlement amount of $75,000
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OCALA’S RELEVANT STRATEGIC GOALS:
Fiscally Sustainable, Operational Excellence
PROOF OF PUBLICATION:
NA
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BACKGROUND:
The claimant is a 61-year-old female (former) central line technician who was employed with the City of Ocala on February 28, 2022. The claimant has two dates of injury: April 6, 2022, and July 17, 2023.
On April 6, 2022, the claimant was coming down a hill onto the pavement, and her right foot slipped, causing her to fall on her left knee and left hand.
She was initially seen at Care Here and was diagnosed with pain in the left knee and wrist. She was assigned modified duty restrictions and referred to orthopedics. She was treated conservatively by Dr. Flynn, who eventually released her to maximum medical improvement (MMI) with a 0 percent for the left knee only on May 6, 2022.
Subsequently, she underwent left-hand and wrist surgery on June 17, 2022. She was returned to work on modified duty post-surgery and was accommodated. Subsequently, EMG and nerve conduction studies were completed on October 4, 2022, which showed abnormal results, and she underwent additional surgery on October 24, 2022. After continuing conservative post-operative treatment, she was released to MMI on June 21, 2023, with a 4 percent impairment rating.
The more recent accident occurred on July 17, 2023. She reported to her supervisor, Richard Knight, on July 18, 2023, that she hurt her left hand the day before while working on a service line repair. She claimed the second injury occurred while operating a jackhammer.
The claimant was initially seen at Care Here on July 18, 2023, and diagnosed with left wrist pain. She was placed on modified duty and referred to orthopedics. An MRI showed no fractures, but post-carpal tunnel arthrodesis with a tear at the radial attachment.
The claimant was referred to Dr. Flynn for the 2022 injury. This time, she was diagnosed with an acute left-sided complex triangular fibrocartilage injury. Fortunately, the claimant remained on modified duty, with the restrictions accommodated.
After continued treatment was unsuccessful, the claimant underwent two more operations in October and November of 2023. Following the surgeries, the claimant was treated conservatively until she reached MMI with Dr. Flynn on July 17, 2024, with a 7 percent impairment rating, and permanent restrictions of sedentary work with no exerting more than 10 pounds of force, occasionally, and no lifting more than 10 pounds with the left upper extremity. The claimant was referred to a pain management program.
Subsequently, pain management was authorized with Dr. Clunn. Dr. Clunn provided conservative treatment and sent the claimant to vocational rehabilitation. Meanwhile, the claimant was also evaluated by Dr. Kardashian as the claimant’s one-time change. However, he agreed with Dr. Flynn's opinion, including the ongoing referral to pain management.
Recently, Dr. Clunn found the claimant to be at MMI on June 30, 2025. Dr. Clunn agreed with the impairment rating assigned by Dr. Flynn. Permanent work restrictions included no carrying more than 2 pounds with the left upper extremity, no pulling or pushing with the left upper extremity, and no lifting more than 10 pounds with both hands and no lifting more than 2 pounds with the left hand alone. As for treatment, continued rehab and medications were recommended.
Given the claimant’s age and the lack of clarity regarding future medical treatment exposure, a non-submittal MSA was obtained. The MSA report was completed on August 18, 2025, which indicated a proposed MSA amount of $30,606.20 in future medical treatment and medication costs.
Given the claimant’s interest in global settlement, an initial demand of $150,000 was received. Although the claimant’s MSA only indicates future medical exposure of roughly $30,000, future medical exposure is uncertain, and it is possible that additional surgical intervention could be required. Additionally, the MSA does not account for other non-Medicare-covered medical expenses, which we would expect to cost between $5,000 and $10,000 over the claimant’s lifetime.
Additionally, although the claimant was previously accommodated, she was terminated last year, and her only subsequent employment has been as a bus aide, during which she primarily sat. Even if she can continue working in this position, her work restrictions are severe and could worsen as she gets older. As such, there is a strong possibility that the claimant’s attorney will posture this case as a permanent total disability claim, which would increase total claim exposure by several hundred thousand dollars, in addition to significant litigation expenses.
As a result, given the estimated claim value, which well exceeds the claimant’s initial demand of $150,000, we are currently requesting approval to settle both claims for a total of $75,000.
FINDINGS AND CONCLUSIONS:
City staff finds and determines the settlement of this matter for $75,000:
• Represents a reasonable, cost-effective settlement of the pending litigation while avoiding additional costs of litigation and the risk of an adverse judgment at trial;
• Does not result in a significant impact on the finances of the City of Ocala, Florida; and
• It is in the best interest of the City of Ocala, Florida, and its citizens.
FISCAL IMPACT:
As this is an accepted claim, it appears unlikely that the SIR would ever be reached. The $75,000 all-inclusive settlement would be paid from the City's self-insurance fund.
PROCUREMENT REVIEW:
NA
LEGAL REVIEW:
The settlement resolution has been reviewed and is recommended by Bettina Carrier, the City’s Workers Compensation Attorney, and City Attorney William E Sexton.
ALTERNATIVE:
The City would continue to pay medical costs under both accident dates, which could far exceed the cost of settlement and potentially expose the City to a costly claim for permanent total disability benefits in the near future.