Okaloosa County BOCC — 2013 meeting #1140 (date undetermined) — Paxson settlement — reading text

disapproved by judges in the past and should not undertake any financially binding actions until formal approval is obtained. In the event these items are not approved by the judge the settlement shall be completely void and of no effect whatsoever. If such approval by the 4 Judge is not forthcoming, the employer/carrier/servicing agent reserves the nght to assert any and all defenses available under the Florida Workers! Compensation Law. 16. CURRENT EMPLOYMENT STATUS AND ANTICIPATED USE OF SETTLEMENT PROCEEDS - The claimant is currently unemployed. If the terms of this settlement are approved, the claimant plans to use the proceeds therefrom as follows: to pay bills and for general living expenses. ‘The information set forth above was provided by claimant in response to the setilement questionnaire directed to claimant by attorney for employer/carrier/servicing agent, a copy of which is attached hereto and by reference made a part hereof. 17. SIMULTANEOUS LANGUAGE - This agreement is made contemporaneously to simultaneous agreement between claimant and employer/carrier entitled Motion for Approval of Attomey's Fee and Allocation of Child Support Arrearage for Settlements Under Section 440.20(1})(c), (4), & (ce), Florida Statutes 2001, signed by the parties on 3 unl (32> DDS . This lump sum settlement shall be void and of no effect in the event the above referénced Motion should not be approved simultaneously herewith. 18. SETTLEMENT AGREEMENT - The execution of this Settlement Agreement will discharge and release the employer/carrier/servicing agent from all further liability to the claimant for all past and future benefits available of whatever kind or classification including, but not limited to, future medical benefits, compensation for disability under Section 440.15, Florida Statutes, impairment benefits, past medical benefits, attorney's fees, death benefits and rehabilitation and training and education benefits including temporary total disability compensation under Section 440.49(1989)&(1990) and 440.491(6)(b)(1993) due under the Florida Workers' Compensation Law upon payment of the lump-sum herein provided which shall not be subject to modification under F.S. §440.28. This Settlement Agreement was signed by the employer‘earrier/servicing agent on the { ¥ day of Naovet@ _, 2013 and by the claimant on the 1b" * day of Coren! oy ae | 0 s\) 2013, Laraine Paxson Anlonio Bruni, Esq. Michles & Booth 501 Brent Lane Pensacola, FL 32503 850-438-4845 Florida Bar? O@a>teter ( Attorney for Employce/Claimant y Don R. Amunds, Chairman of Roderic G. Magic, Bq. Okaloosa County Board of 3 West Garden SL., Suite 614 Commissioners Pensacola, FI. 32502 §50-432-2558 Florida Bar #094862 Attorney for Employer/Carrier/SA STATE OF Foca COUNTY OF OKG\DEEA, Before me, the undersigned | authorily authorized to admiiiister oaths and take acknowledgements, personally appeared LORANCKSY™, who (is personally known to me) eta id entified by driver's licensél¢who has produced ___as identification) on this ___ day of SSorhotpon being duly sworm certifies that the information furnished by her as incorporated in the foregving agreement is correct and that she (has read the agrecinent) (has had the agreement read to her) and Believes the lump-sum setement to be in her best interest. Costeu WW \wWwem< Natary Publy Siate of Florida at Large Conunussion Number My Commission Txpires: Cr WIcke 6) GENERAL RELEASE AND WAIVER OF EMPLOYMENT The undersigned, LARAINE PAXSON for the sum of ONE HUNDRED AND 00/100THS Dollars ($100.00), paid to her by OKALOOSA COUNTY BOARD OF COMMISSIONERS, and other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged and confessed, does hereby release and forever discharge OKALOOSA COUNTY BOARD OF COMMISSIONERS and its related corporations and its officers, agents and associates both past and present, from all claims, demands, causes of action, including without restricting the foregoing generality, any and all claims for back pay, paid time off (PTO), workers’ compensation benefits (including medical), salary continuation benefits, health insurance benefits, sick leave accrued, long term disability benefits (LTD) and other fringe benefits, liquidated damages, exemplary damages, punitive damages, consequential damages, damages for mental anguish, damages for loss of employment prospects, damages for loss of reputation, damage for breach of contract, negligence, misrepresentation, intentional acts, attorney fees of any kind, whether known or unknown and whether asserted or not. LARAINE PAXSON hereby promises not to file, or authorize any other individual, agency, or private or governmental entity to file on her behalf, any state or federal lawsuit or any state, federal or municipal administrative charge or complaint against OKALOOSA COUNTY BOARD OF COMMISSIONERS and hereby waives and releases any and all claims, rights, and causes of action, in law or equity of any kind, whatsoever, which LARAINE PAXSON or her heirs, executors, administrators, assigns or other legal representatives have or may have agains’ OKALOOSA COUNTY BOARD OF COMMISSIONERS at this time or which are based on any past acts or omissions of LARAINE PAXSON, including, but not limited to, those arising out of her employment with or separation from OKALOOSA COUNTY BOARD OF COMMISSIONERS including, but not limited to those claims, rights, and causes of action based on any federal, state or local law, statute, ordinance, administrative regulation, public policy or Executive Order, such as the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Sec. 201-209; the Civil Rights Act of 1964, as amended, 42. U.S.C. Sect. 2000e-2000e-17; the Civil Rights Act of 1991, the Crvil Rights Act of 1866, as amended, 42 U.S.C. Sec. 1981; the Civil Rights Act of 1871, as amended, 42 U.S.C. Sec. 1983, 1985; Executive Order 11246; the Rehabilitation Act of 1973, as amended, 29 U.S.C. Sec. 70} -796i: the National Labor Relations Act, as amended, 29 U.S.C. Sec. 141-187; the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Sec. 621-634; (the Florida Human Rights Act, as amended, Fla. Stat. Sec. 760.01-760.10;) the Americans with Disabilities Act of 1990, 42U.S.C. Sec. 12111 et seq.; retaliatory discharge claim or wrongful discharge claim, claims under Section 440.205, Florida Statutes, retaliatory discharge claims, or any other state or federal constitutional claim, right, public policy or cause of action founded in tort, contract, or other common law cause of action including, but not limited to, actions based on misrepresentation, defamation, invasion of privacy, interference with prospective economic advantage, interference with contractual relations, or negligence. This document shall not impair or impede claimant's right to unemployment compensation that might otherwise exist. LARAINE PAXSON understands and agrees that the consideration provided by OKALOOSA COUNTY BOARD OF COMMISSIONERS to her is in full accord and satisfaction of doubtful and disputed claims, and that the consideration for this release is for the purpose of enabling OKALOOSA COUNTY BOARD OF COMMISSIONERS to avoid the expense and inconvenience of litigation, and does not constitute an admission of liability on its part and that OKALOOSA COUNTY BOARD OF COMMISSIONERS. expressly denies that it has violated any law with respect to LARAINE PAXSON. In further consideration of the premises LARAINE PAXSON desires to sever her employment relationship with OKALOOSA COUNTY BOARD OF COMMISSIONERS after an effort by OKALOOSA COUNTY BOARD OF COMMISSIONERS to reasonably accommodate her. Also, LARAINE PAXSON waives any right to reinstatement or reemployment and agrees not to apply for, solicit, seek or otherwise attempt to obtain employment with OKALOOSA COUNTY BOARD OF COMMISSIONERS or any of its related agencies and further agrees that OKALOOSA COUNTY BOARD OF COMMISSIONERS is not or will not be at any time under any obligation to employ her, LARAINE PAXSON understands and agrees that the aforesaid amount shall represent full damages and attomey fees in this matter, with respect to items covered by this Gencral Release and Waiver of Employment. LARAINE PAXSON understands and agrees that the amount is not in any manner based on lost compensation as the measure of damages; rather, the amount is to be paid by OKALOOSA COUNTY BOARD OF COMMISSIONERS and accepted by LARAINE PAXSON to avoid further costs and uncertainties of trial and the uncertainties of liability and recovery of any relief sought or contemplated by LARAINE PAXSON. tN It is understood further that all federal, state and local taxes, if any, on the amount of this claim are the sole responsibility of LARAINE PAXSON. This Release shall be binding upon the heirs, executors, administrators and assigns of LARAINE PAXSON. SIGNED THIS 13 DAY OF __ S uUMe 2013. Fana® Bose — LARAINE PAXSON — ANTONIO BRUNI Attorney for Claimant LARAINE PAXSON UNDERSTANDS THE CONTENT AND THE EFFECT OF THIS GENERAL RELEASE. SHE HAS CONSULTED WITH OR HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY AS TO SUCH CONTENTS AND THEIR EFFECT WITH RESPECT TO HER. LARAINE PAXSON UNDERSTANDS: THAT SHE IS NOT BEING ASKED TO WAIVE CLAIMS OR RIGHTS ARISING AFTER THE DATE OF EXECUTION OF THIS AGREEMENT, THAT THE CONSIDERATION SHE IS RECEIVING FOR THIS AGREEMENT IS IN ADDITION TO HER OTHER ENTITLEMENT, ESPECIALLY WORKERS' COMPENSATION. LARAINE PAXSON ACCEPTS EACH AND ALL OF THE TERMS, PROVISIONS, AND CONDITIONS OF THIS GENERAL RELEASE, AND DOES SO VOLUNTARILY AND WITH FULL KNOWLEDGE AND UNDERSTANDING OF THE CONTENTS, NATURE, AND EFFECT OF THIS GENERAL RELEASE AND WAIVER OF EMPLOYMENT AGREEMENT. LARAINE PAXSON’ BEFORE ME, the undersigned authori ity on this date personally appeared LEFOae a reat who has produced GD YIS0- SAaa ba wad Ag identi fics vation, who did/did not take an oath, and who acknowledged to me that she executed the above Release for the purpose and consideration therein expressed. \ Given under my hand and seal of office this \ 2h day of Kure , 2013. Costes, WM \nderme NOT JBLIC, in and for the state of aon icc MY COMMISSION EXPIRES: PU ZI2O1l¢ Notary ID No.: CASEY M. IMBORNONE Notary Public - State of FL Comm. Exp Jan 12. 2016 Comm. No. EE 159617 oo