Resolution 81-16801 RESOLUTION NO. 81-16801
A RESOLUTION AUTHORIZING ACCEPTANCE OF
FINAL SETTLEMENT STIPULATION IN CONNECTION
WITH WORKER'S COMPENSATION CLAIM OF
BERNARD GAMMIE AGAINST THE CITY OF MIAMI
BEACH.
WHEREAS, on August 3, 1978, one BERNARD GAMMIE, an employee of the
City of Miami Beach Fire Department, while walking at the Fire Station #2, fell
due to a hole and suffered compensable injuries. As a result of this accident, Mr.
Gammie suffered a fractured left wrist, contusion of the left kidney, lumbosacral
sprain, cervical disc, tinnitus, chronic headaches and impotency. His treatment
included the hospitalization with a negative myelogram. He was provided with a
TNS unit so that he could live with the pain.
WHEREAS, Mr. Gammie retired on July 27, 1980, saying that he could no
longer perform the duties of a Firefighter. At the present time, the City has spent
$5,449.21 on Medical and $2,293.70 in Temporary Total Benefits. At the present
time, Mr. Gammie has received permanency ratings in the amount of 20% of the
lumbar area, 3% for the cervical area and 10% of the hand. The value of these
ratings total some $11,025.00.
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 $20,000.00 representing a
final settlement of any and all past, present and future compensation and medical
benefits due him under the Worker's Compensation Law, and a reasonable
attorney's fee of $4,350.00; 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 15th day of October , 1981.
411 I Ll
Vice Mayor
ATTEST:
City C erk
FORM APPROVED
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By
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OFFICE OF THE CITY MANAGER CITY HALL
HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010 -
12 0
COMMISSION MEMORANDUM NO.
DATE: October 15, 1981
TO: Mayor Murray Meyerson and
Me of the Cjttycommissign
FROM: Hato T. oar
City Manager
SUBJECT: WORKER'S COMPENSATION SETTLEMENT -BERNARD GAMMIE
In 1978, the claimant, Mr. Bernard Gammie, an employee of the City of
Miami Beach Fire Department, while walking at the Fire Station #2, fell
due to a hole and suffered a fractured left wrist, contusion of the left
kidney, lumbosacral sprain, cervical disc, tinnitus, chronic headaches and
impotency. His treatment included the hospitalization with a negative
myelogram. He was provided with a TNS unit so that he could live with
the pain.
On July 27, 1980, Mr. Gammie retired saying that he could no longer
perform the duties of a Firefighter.
At the present time, the City has spent $5,449.21 on Medical and
$2,293.70 in Temporary Total Benefits. Mr. Gammie has received
permanency ratings in the amount of 20% of the lumbar area, 3% for the
cervical area and 10% of the hand. The value of these ratings total some
$11,025.00.
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 $20,000.00 representing a final settlement of any and all past, present
and future compensation and medical benefits due him under the
Worker's Compensation Law. In addition, the attorney's fee on this
settlement would be $4,350.00.
1
ADMINISTRATION RECOMMENDATION:
It is recommended that the Mayor and City Commission adopt the
attached resolution authorizing the final settlement of the Worker's
Compensation case involving Mr. Bernard Gammie in the amount of
$20,000.00, plus an additional $4,350.00 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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Attachment
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