Resolution 8832 RESOLUTION NO . 8832
WHEREAS, MORRILL S. GUERIN, an employee of the
Engineering Department of the City of Miami Beach, Florida
was absent from work during the period November 16, 1954
to December 1 , 1954 because of the inability of the said
employee to work as the result of a knee injury, and the
City paid the said employee on an annual leave basis,
under the Personnel Rules of the City of Miami Beach,
Florida, at the rate of $17 .28 per week during the above
mentioned two and one-third ( 2-1/3rd) week period, which
was charged against his accumulated annual leave ; and
WHEREAS, the Florida Industrial Commission, in
Claim No . T-23691, ordered on November 30, 1954 that the
said amployee be paid temporary total disability compensation
for the above period and until the employee is able to return
to work, the said compensation to be paid at the rate of $35.00
per week; and
WHEREAS , the Florida Industrial Commission award
found that the said injury was service-connected, and arose
by accident in the course of employment; and
WHEREAS, the Personnel Rules of the City of Miami
Beach specifically exclude the granting of annual leave as
the result of injury which is service-connected; and
WHEREAS, the said employee therefore should have
been paid for his absence during the period from November 16,
1954 to December 1 , 1954 inclusive, at the Workmen ' s Compensation
rate of $35.00 per week, instead of the annual leave basis of
$77.28 per week; and
WHEREAS, as a result the employee has been overpaid
$98 .65 during the aforementioned two and one-third week period; and
WHEREAS, the employee, because of personal debts
presently incurred, is unable to repay the City the sum overpaid
and is desirous of continuing to receive the Workmen' s Compensation
weekly payments of $35.00 per week instead of charging the sum
overpaid to future payments of Workmen ' s Compensation which
the City is obligated to pay to the employee during the
temporary total disability of the employee ; and
WHEREAS, the City Attorney has prepared an instrument
which, when executed, will cancel the City ' s claim for repayment
of the overpayment by canceling eight (8) days of the employee ' s
accumulated annual leave, the City Council being familiar with
the terms of said agreement;
NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Clerk be, and they are authorized and directed to ex- to said
agreement in the name and in behalf of said City.
PASSED and ADOPTED • day .. , ,uar A.D .
1955. j
' 1
1110
A � N
/ 244 - -- �,
. Vic: ayor
ATTEST :
C. ' T mlinson, Ci y Clerk
Deputy City Clem
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
0 'H
M
00
4-3 r-1
a z •i ami o
H O cd O
Hrl N
o 11oo
o C.) H
Ra
fS] 0) 4)
v
Q) •ri
(1) •ri
MO