82-17168 RESOLUTION NO. 82-17168
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH WORKERS '
COMPENSATION CLAIM OF ISAAC YAWN AGAINST THE CITY
OF MIAMI BEACH .
WHEREAS, on September 13 , 1970 , one ISAAC YAWN, an employee
of the City of Miami Beach Police Department , fell against the edge
of a table in the squad room and suffered compensable injuries . As
a result of this accident , Mr . Yawn suffered a herniated disc at
the L4-L5 level . His treatment included a laminectomy on April 10 ,
1975 .
WHEREAS, Mr. Yawn retired in February of 1976 from the police
department with a service-related disability . At the present time ,
the City has spent $16 , 817 . 31 on Medical and $6 , 272 . 00 in compensation
payments .
WHEREAS, Risk Management Services , Inc . has determined and
recommended that it is in the best interest of the City to enter
into a settlement under the provisions of F. S . 440 . 20 (10) , as
amended; such settlement calls for the payment by the City to said
employee of the sum of $18 , 500 . 00 representing a final settlement
of any and all past , present and future compensation and medical
benefits due him under the Workers ' Compensation Law and a reasonable
attorney ' s fee of $5 , 550 . 00 ; and
WHEREAS, the Order of the Deputy Commission of Industrial Claims
approving such settlement stipulation will not be subject to modification
or review; and
WHEREAS, the City Commission deems it to be in the best interest
of the City to enter into a final settlement stipulation as hereinabove
set forth ;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, that Risk Management Services , Inc . , as the
agent for the City of Miami Beach, is hereby authorized to enter into
a final settlement as approved by a Deputy Commission of Industrial
Claims and the Mayor , City Clerk, Finance Director , City Attorney,
and Risk Management Services , Inc . be , and they are hereby authorized
and directed to comply with the Order of the Deputy Commissioner
approving such stipulation.
PASSED and ADOPTED this 20th day of October , 1982 .
Mayor
ATTEST:
FORM APPROVED
5LEGAL DEPT.
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 675-7010
COMMISSION MEMORANDUM NO. ,b S 8Z'R v i S
DATE: October 20 , 1982
TO: Mayor Norman C' ent a • �!
Members of • - City Co••m
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FROM: Rob W.Pa ins ylf�+i
City Mans• :r /4
SUBJECT: WORKERS' COM' NSATION SETTLEMENT - ISAAC YAWN
In 1970 , the claimant Mr . Yawn, an employee of the
City of Miami Beach Police Department , fell against
the edge of a table in the squad room injuring his
left rib cage and low back. On 1-25- 71 he sustained
a reoccurrence to the low back area and on 8-24-71 ,
while exiting a patrol car, he felt pain radiating
into both buttocks . Mr. Yawn underwent a laminectomy.
As a result of this injury and surgery, he was given
a 25% rating to the body as a whole .
In February of 1976 , Mr . Yawn then retired from the
police department with a service-related disability.
At the present time , the City has spent $16 ,817 . 31
on Medical and $6 ,272 . 00 in Compensation payments .
His temporary total benefits ceased at the time he
was granted his service-connected disability and his
attorney is now trying to collect back benefits from
that date to present . His medical expenses are in
excess of $1 ,200 . 00 for this year alone and it appears
his physical condition is deteriorating.
Risk Management Services , Inc . has determined and
recommended that it is in the best interest of the City
to enter into a settlement in the sum of $18 ,500 . 00
representing a final settlement of any and all past ,
present and future compensation and medical benefits
due him under the Workers ' Compensation Law. In
addition, the attorney ' s fee on this settlement would
be $5 , 550 . 00 .
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission
adopt the attached resolution authorizing the final
settlement of the Workers ' Compensation case involving
Mr . Isaac Yawn in the amount of $18 , 500 .00 , plus an
additional $5 , 550 . 00 for attorney' s fees . Upon
successful closure of this case , the City will no longer
incur any financial liability in this regard.
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Attachments
AGENDAL� _"'j_
ITEM 6
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