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Orange County Board gives limited settlement authority in wrongful-death case, approves two workers’ comp settlements

County of Orange Board of Supervisors · June 4, 2024

Summary

County counsel reported the board authorized limited settlement authority in a 2022 wrongful-death case by a 3–1–1 vote and unanimously approved proposed workers' compensation settlements of $172,692.50 and $650,000; the agreements remain subject to final approval and copies will be available through CEO risk management.

The County of Orange Board of Supervisors on an in-chamber readout authorized limited settlement authority to outside counsel in a 2022 wrongful-death case and approved two proposed workers’ compensation settlements, County counsel said.

County counsel reported that “With respect to SCS 3 on a vote of 3 to 1 to 1 ... the board gave instruction and limited settlement authority to outside counsel Lindbergh Watkins,” adding that Vice Chair Chaffee and Supervisors Stowe and Foley voted aye, Chairman Wagner voted no, and Supervisor Sarmiento was recused and not present. Counsel described SCS 3 as involving an alleged 2022 wrongful death in which an intoxicated 23-year-old, after a several-hour standoff, charged sheriff’s deputies while brandishing a knife and was fatally shot.

The readout also said the board “unanimously approved” a proposed $172,692.50 workers’ compensation settlement in Kenneth Schifner v. County of Orange; Schifner was identified as a retired district attorney investigator who claimed cumulative trauma to his heart. Counsel reported the board also unanimously approved a proposed $650,000 workers’ compensation settlement in Frank Villasenor v. County of Orange; Villasenor was described as a maintenance worker for OC Community Resources who suffered neck, arm and shoulder injuries when a tree he was cutting fell on him.

County counsel emphasized that both settlements “remain subject to the final approval of others,” and said finalized settlement agreements will be made available through the office of CEO risk management to anyone who inquires. The readout attributed the vote totals and procedural details to counsel’s closed-session report.

The board’s chair closed the meeting and said the board will reconvene June 11 for the budget hearing before adjourning.

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