Florida Keys News - Key West Citizen
Monday, February 4, 2013
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Attorney tells city to settle
Worker says yes to $30K

The city of Key West is better off settling a worker's compensation claim with a 380-pound retired firefighter rather than risk paying 15 times that if the man suffers a heart attack, according to a city attorney.

Wilmer Bringle, 58, a Key West firefighter who retired in 2011 after 30 years on the job, has agreed to settle for $30,000, which includes $3,700 for his lawyer and $1,500 for other costs.

Attorney George Helm, of Lake Mary, Fla., advised the city to cut a check to end the risk of a six-figure judgment.

The City Commission will consider approving the $30,000 check at its 6 p.m. Tuesday meeting at Old City Hall, 510 Greene St.

If approved, the city has to pay the sum within seven days.

At issue is Bringle's ongoing health problems, said Helm, whose report mentions the former firefighter's height, 6-foot-1, and weight, 380 pounds.

"I believe (Bringle) is at significant risk for a future cardiac event that could be linked to hypertension," Helm wrote to the city in a memo. "If so, our exposure on this claim is potentially catastrophic."

The "payable for life" estimate could run to $439,000, Helm said.

Bringle's attorney, Paolo Longo of Maitland, said Friday that his client's case is not uncommon.

"Neither side wants to duke it out," Longo said. "He agreed to the terms of the settlement."

Bringle has received about $43,000 in medical benefits on the claim since filing in 2003, when medical tests showed he had hypertension only.

Bringle filed the claim saying he had developed disabling hypertension and possible heart disease over the course of his career. He marked June 24, 2003, as the "date of accident," in his petition.

Three years later, Bringle was diagnosed with "torturous coronary arteries," diabetes, morbid obesity, and hyperuricemia.

But Bringle's claim was filed under a Florida law that specifically relates to his firefighting career.

"Under the so-called 'Heart and Lung Bill,' Florida allows police officers, firefighters and prison guards who suffer from heart disease or hypertension some added legal protection In addition to his retirement benefits, Bringle is receiving Social Security, which Helm said could mean the ex-firefighter is permanently disabled.

Helm said the city has "strong arguments" that Bringle's present disability is not related to hypertension but to his weight, diabetes and other ailments. But overall, it's better for the city to settle now.

"The medical exposure alone justifies such a settlement," Helm wrote.

Bringle's attorney would not comment on Helm's weight argument.

"He's advising his client to pay," said Longo.

The "Heart and Lung Bill" was the key feature of another worker's comp case settled four weeks ago.

On Jan. 7, the city approved a $141,350 worker's comp settlement for a 28-year veteran of the fire department, Raymond Casamayor, 56, who also suffered hypertension.

gfilosa@keysnews.com

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Fit and Trim

I thought fire fighters were all fit and trim? Perhaps we could get him employed as a double for Chris Christe of New Jersey and then he will be somebody elses problem.

duck tours

wish we had this attorney around for the duck tours. All we got from that was tens of millions in debt and weekley reelected.

It's shocking that the city can be sued by a morbidly obese

It's shocking that the city can be sued by a morbidly obese employee who refuses to take responsibility for the crap he put in his own mouth. AND as for Casamayor, why is the city responsible for his bad choices in life. This kind of thing just deepens my disdain for these people when I see them joy riding Duval in their big trucks at night, wasting fuel, blowing toxins into the air. Nothing about this is responsible behavior.

This guy is a pig

First he has no control over his eating and blames the city for his problems. Second, He does not take any responsibility For his heart condition and blames the city. When was the last time this guy even made an attempt at walking or any kind of exercise. And now he blames the city and wants to sue for his heart condition. He is a pig. The city owes him nothing more than the pension he got and probably didn't deserve because he was so fat he probably could only do half the workload. This guy probably should have been fired a hundred times but the city didn't have the balls to fire him because of obesity discrimination law

Agree on every point

It's not the city's fault that he's too lazy and can't stop snarfing down food. That's the problem with the obese crowd these days - no personal responsibility.

How about the obese cops who don't even want to get out of their cars? I thought cops were supposed to be FIT. Most couldn't huff and puff their way to the end of the block.

WOW...

I am sure he ballooned to 380 lbs. due to on the job pressures...say hi to a 47%'er

Fat and Lazy is more like it.

That said, the city should settle this as taking it to court is going to cost more than $30,000 in attorney fees. If it goes to a jury the city faces much larger exposure because the plaintiff will likely win considering the incompetents the city hires who of course charge top dollar even when they get their butts kicked. The city is going to look bad to the jury no matter how good their case might be, and if the guy does good on the stand, a judgment could be very large. $30,000 is basicly a nuisance suit.

They'd better hurry. This guy isn't going to be around long.

Settle before he keels over. I bet he'll gain even more weight before he is done on this planet.

But if that happens

the City won't have to pay anything, right? Maybe they should wait a bit longer. Offer him some free all-you-can-eat buffet tickets....
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