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File #: 25-0802    Version: 1
Type: Consent Staff Report Status: Passed
File created: 8/6/2025 In control: Board of County Commissioners
On agenda: 8/19/2025 Final action:
Title: Jason Bourdette Workers Compensation Settlement

TO:                                                    Board of County Commissioners

 

THROUGH:                                          John Titkanich, County Administrator

                                                               Kristin Daniels, Director of Budget & Management

 

FROM:                                          Cynthia Stanton, Risk Manager

 

DATE:                                          August 8, 2025

 

SUBJECT:                                          Workers Compensation Settlement

                                                               Jason Bourdette, Retired Sergeant IRCSO

__________________________________________________________________

 

BACKGROUND

Jason Bourdette is a 53-year-old retired sergeant from IRC Corrections. He has a total of 13 workers' compensation claims of which he is currently treating for three open claims. 

The open claims are as follows:

 

Claim Details - Right Ankle - March 11, 2008

Mr. Bourdette has had five surgical procedures performed on his right ankle/foot. The claimant had cortisone injections and a pneumatic boot for this injury.  Mr. Bourdette maintains annual visits for maintenance care and to avoid the statute of limitations expiring on this claim. Total Paid $148,353.62                     

 

Claim Details - Presumption - May 16, 2015

The claimant felt ill and had elevated vital signs while processing a combative inmate in the intake area. This is a compensable claim for hypertension, heart disease, and anxiety disorder for which cardiac and psychiatric care is being provided.  The claimant had a heart catheterization on May 21, 2015. He continues to be treated, and he still has instances when his blood pressure is characterized as "out of control".  Total Paid $195,915.69

                                          

Claim Details - Right Knee - January 22, 2020

Employee states he was walking in the hallway at work and tried to avoid walking into a deputy by stepping to his right, and heard a popping noise behind his right knee.   The claimant was diagnosed with a right knee ACL sprain and a meniscus tear.  He had several surgeries to repair the right knee, meniscal ACL, and continues to be treated by an orthopedic surgeon. In February 2024, the claimant reported that he fell in the bathroom, re-injuring his right knee, and then developed pain in his left knee as a result.  WC approved treatment for the right knee only.  Total Paid $123,295.10                     

 

ANALYSIS

Mr. Bourdette is 6’1 and 292lbs.  He currently operates his own landscaping & land clearing business, which most likely causes additional stress on his knees, ankles, heart, and joints.  Total expenditures to date for all claims are $467,564.41.  The bulk of future exposure is medical treatment and attorneys’ fees. 

 

Diagnoses

Hypertension, Tachycardia

Anxiety

Right knee sprain ACL (multiple)

Right ankle fractures (Multiple)

Right meniscus tear

 

Surgeries

Heart catheterization                     

Right knee ACL repair                     (multiple)

Arthroscopic surgery right knee (multiple)

Arthroscopic surgery right ankle (multiple)                     

 

Legal Representation

Claimant Attorney:                     Jason Goldstone Esquire

County Attorney:                     Karen J. Cullen Esquire (Broussard Cullen & Eldridge

 

There have been over a dozen mediations on Mr. Bourdette’s claims in the last 20 years, and more than 50 petitions filed by the claimant’s attorney.  The claim was reviewed by the County Administrator on September 5, 2024, in anticipation of a mediation hearing on September 12, 2024.  Authority of $150,000 was granted to settle all open claims, pending Board approval. However, the mediation reached an impasse.

 

Another mediation was recently held on July 22, 2025, in an attempt to settle all claims.  The claimant's attorney demanded $327,000 to settle the three open claims. We ultimately reached an amicable settlement amount of $215,000, contingent on the Board's approval and both parties approving the final settlement language, which the Claimant's attorney insisted on drafting. 

 

Contingent Settlement - Claim Breakdown

Foot/ankle                                          $65,000                     

Right Knee                                          $75,000                     

Presumption                                          $75,000                                          

Total                                                               $215,000                                                               

 

Estimated future medical expenses are $173,903.90.  This amount only covers the medical portion, not the additional attorney fees or indemnity benefits, which could exceed $100,000.  The claimant's physically strenuous job creates a significant risk of re-injury, potentially leading to a much more costly permanent total disability claim. While we would challenge causation, the high defense costs and uncertain outcome are prudent reasons to settle.

 

BUDGETARY IMPACT

The final settlement, in the amount of $215,000, will be paid out of the Self-Insurance Fund/Risk Management/Workers Compensation account, number 50224619-012140.

 

PREVIOUS BOARD ACTIONS

None

 

POTENTIAL FUTURE BOARD ACTIONS

None

 

STRATEGIC PLAN ALIGNMENT

N/a

 

OTHER PLAN ALIGNMENT

N/a

 

STAFF RECOMMENDATION

Recommended Action

The contingent settlement of $215,000 was reviewed by John Titkanich, Kristin Daniels, Chris Hicks, Cynthia Stanton, and Nathan McCollum of the Sheriff’s Office. It is recommended that the Board of County Commissioners approve the final settlement of $215,000 to resolve all claims for Mr. Bourdette.