Resolution 80-16181 RESOLUTION NO. 80-16181
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKER' S COMPENSATION CLAIM OF CHARLES PARKER
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on June 9, 1975, one CHARLES PARKER, a former
employee of the City of Miami Beach, suffered injuries to his back
while lifting a garbage tote; and
WHEREAS, said former employee was seen by numerous doctors
and it was determined that he has a permanent partial disability of
the body as a result of a ruptured disc , for which he has undergone
several surgical procedures, and it has further been determined by
a Judge of Industrial Claims that Claimant has , at this time, a 35%
loss of wage earning capacity; and
WHEREAS, Risk Management Services, Inc. , the City Attorney
and the City Manager have determined and recommended that it is in
the best interest of the City to enter into a settlement under the
provisions of Florida Statute 440 . 20 (10) , as amended; such settlement
calls for the payment by the City to said employee of the sum of
$25, 000. 00, representing a final settlement of any and all past, pre-
sent and future compensation and medical benefits due him under the
Worker ' s Compensation Law, and a reasonable attorney ' s fee to be
$8,500. 00; and
WHEREAS, the Order of the Deputy Commissioner 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 Commissioner 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 Com-
missioner approving such stipulation.
PASSED and ADOPTED this 6th day of February , 1980 .
Mayo
Attest:
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
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"VACA TJONLA ND U. S. A."
OFFICE OF THE CITY MANAGER CITY HALL
HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. C' I le
DATE: February 6, 1980
TO: Mayor Murray Meyerson and
Members of the City Commission
FROM: Harold T. Toal
City Manager
SUBJECT: WORKER"S COMPENSATION PROGRAM - APPROVAL FOR SETTLEMENT
AWARD
SiYce August 1, 1979 the City of Miami Beach has been a partici-
- ant in the Florida League of Cities self-insured worker ' s
compensation fund. The fund has as its agent Risk Management
Service, Inc. , which provides claims investigation, claims
review, claims adjustments, financial and legal analysis for
all of its member cities. At the present time there are
over 175 cities in this fund.
The City of Miami Beach has two separate, but related agreements
with the Florida League and with Risk Management Services. For
all prospective claims as of October 1, 1979 the City' s worker ' s
compensation liabilities are paid from the self-insured pool
which is funded by yearly premiums of the member cities. For
those cases that were filed prior to October 1, 1979 the City
contracted with Risk Management Services, Inc. for the purposes
of providing comprehensive claims administration for approximately
475 cases. All payments, including "wash out settlements" ,
attorneys fees, doctors fees, weekly payments to claimants and
other associated costs are paid directly by the City of Miami
Beach and not by the Florida League of Cities fund.
SETTLEMENT OF CHARLES PARKER vs. CITY OF MIAMI BEACH
The City of Miami Beach employed a Charles Parker, age 31, of
1759 N.W. 44 St. , Miami, Florida. Claimant was employed as a
waste collector in the Sanitation Department. On June 9, 1975
claimant strained the lower part of his back when he picked up
a heavy garbage tote. The initial diagnosis was a sprained
lower back however, subsequent examinations diagnosed the injury
as a ruptured disc, L5, S1 left.
Because of this injury the claimant underwent a laminectomy, L32,
Si, a foramenectomy 'L4-5 and an L5, S1 hermifacetectomy, L4 and
L5, S1 left, excision of the herniated nucleus pulpus L5, S1 left
on September 7, 1977.
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AGENDA c.
ITEM {�t
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COMMISSION MEMORANDUM NO.
On November 22, 1977 Dr. Sheldon Meyerson treated the claimant as
having a permanency of 15-20% of the body as a whole. The case
went to trial and claimant was awarded a loss wage earning capacity
in the amount of 35%, which has a monitary value of $12, 862,50.
In addition, the claimant' s attorney was awarded a fee of $4, 200.
As of January 21, 1980 the City has paid the claimant $15, 225 in
worker' s compensation benefits plus $12,827.90 in medical payments
related to his case.
In September of 1979 the City asked Risk Management to have their
attorneys review the case and evaluate the potential total
exposure. After review of this file, Risk Management attorneys
reported to the City that in their opinion the potential total
exposure in this case was $105, 581.38.
Based on the above presented information and after considerable
review by the City Attorneys, • the City Manager ' s office and by Risk
Management Services, Inc. it was agreed to attempt to close out
this case through a lump sum settlement at a dollar figure far less
than what was requested by the claimant' s attorney (attorney re-
quested $100,000) . After negotiations with claimant, a tentative
agreement was reached subject to City Commission approval to settle
. this case as follows:
1. The claimant would receive a total lump sum settlement in
the amount of $25, 000, and in return the City would no
longer be held liable for any costs incurred in relation
to the injury.
2 . Claimant' s attorney would be paid $8, 500.
ADMINISTRATION RECOMMENDATION
Both the City Manager ' s office and City Attorney' s office recommend
that the settlement of this claim as outlined above is in the best
financial interest of the City and therefore is recommending that
the Mayor and City Commission approve of this settlement agreement.
Funds are available within the operating budget.
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ORIGINAL
RESOLUTION NO. 80-16181
(Authorizing settlement of Worker's
Compensation Claim: Charles Parker vs CMB)