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Resolution 81-16802 1 RESOLUTION NO. 81-16802 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKER'S COMPENSATION CLAIM OF JOSEPH PEARSON AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on October 8, 1976, one JOSEPH PEARSON, an employee of the City of Miami Beach Convention Center, injured his back while picking up an air conditioning motor. Subsequently, the injury was diagnosed as a herniated disc which led Mr. Pearson to undergo two laminectomys and two facet rhizotomys. Despite these medical procedures, Mr. Pearson alleges he feels worse now than after the accident. He alleges his legs are much weaker now and therefore he is unable to remain standing or walk for more than ten to fifteen minutes without having to sit down and rest. In addition, it is alleged that the medication he has taken for the pain has created abdominal problems. WHEREAS, at the present time, the medical costs in this case total $34,049.47. In addition, the City of Miami Beach has paid $13,137.60 in Worker's Compensation benefits. 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 $45,000.00 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 $7,500.00; 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. tii ardt - Vice Mayor ATTEST: City lerk HTT:FDC:ae APP - i VED LESi.#' DEPT. By ` Date 4.i eery. 71tie, trite sedie4 '' CPN ' 'may FLORIDA 33139 *' "VA CATIONLAND U. S. A.- - OFFICE OF THE CITY MANAGER CITY HALL HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE CITY MANAGER q TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 2.70 7 O DATE: October 15, 1981 TO: Mayor Murray Meyerson and f the City Commission FROM: Ha Id'T. o �"� (1-K.L. City Manager SUBJECT: WORKER'S COMPENSATION SETTLEMENT -JOSEPH PEARSON In October 1976, Mr. Joseph Pearson, an employee of the City of Miami Beach Convention Center, injured his back while picking up an air conditioning motor. Subsequently, the injury was diagnosed as a herniated disc which led Mr. Pearson to undergo two laminectomys and two facet rhizotomys. Despite these medical procedures, Mr. Pearson alleges he feels worse now than after the accident. He alleges his legs are much weaker now and therefore he is unable to remain standing or walk for more than ten to fifteen minutes without having to sit down and rest. In addition, it is alleged that the medication he has taken for the pain has created abdominal problems. At the present time, the medical costs in this case total $34,049.47. In addition, the City of Miami Beach has paid $13,137.60 in Worker's Compensation Benefits. 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 $45,000.00 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 $7,500.00. 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. Joseph Pearson in the amount of $45,000.00, plus an additional $7,500.00 for attorney's fees. Upon successful closure of this case, the: City will no longer incur any financial liability in this regard. HTT:F DC:ae Attachment AGENDA C. - ITEM DATE (G-/T-g(G-lS.-g Q) 0 U ) O Sa U co 01 •H I 0 a H 3 t~ <4 co 0 z w cn H • 0 C7o of zGa ooE H N a H H N a +J o o anti 0•.6 CO N rl U O 0 O 4J •rl 0 +-e d' R3