Resolution 80-16194 RESOLUTION NO. 80-16194
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN' S COMPENSATION CLAIM OF JOEL A. GRAY
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS , on June 5 , 1978 , one Joel A. Gray, an
employee of the City of Miami Beach, was injured when he fell
off a City sanitation truck onto the pavement below and
sustained injuries to his back and head and has complained
of aggravation of a pre-existing seizure disorder with a
resulting personality change; and
WHEREAS , said employee was seen by numerous doctors
and it was determined by Dr. David Lehrmann, the main treating
physician, that he has traumatic arthritis of the sacroiliac,
an injury to the cervical spine constituting a 5% permanent
partial disability of the body, and an injury to the lumbar
spine constituting a 5% permanent partial disability of the
body; and
WHEREAS, Risk Management Services , Inc. , the City
Manager, and the City Attorney, 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 $7 , 500. 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 to be $1, 750. 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 Commis-
sioner 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 February , 1980.
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Attest:
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City, Clerk
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
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OFFICE OF THE CITY MANAGER CITY HALL
HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. 0/43
February 20, 1980
DATE: _
TO: Mayor Murray Meyerson and
M m ers of the City Commission
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FROM: aodT. T
City Manager
SUBJECT:
WORKERS COMPENSATION/ LUMP SUM SETTLEMENT
The City employed a Mr. Joel A. Gray as a waste collector
in the Sanitation Department. On June 5, 1978 the claimant
was hanging onto the rear end of a City sanitation truck
when his hand slipped and subsequently fell off the truck
onto the pavement below. The claimant suffered back and
head injuries and was admitted to Mt. Sinai Hospital.
The claimant underwent the plastic repair of his scalp. The
medical picture was complicated by the claimant' s history of
seizure disorders. This led to a claim of aggravation of the
situation which induced personality changes. Claimant was
also diagnosed to have traumatic arthritis of the sacroiliac.
The medical recommendation was that the claimant no longer be
permitted to work on the rear of a garbage truck or in a
similar capacity.
To date, temporary total benefits have been paid in the amount
of $567. In addition, there have been medical costs totaling
$1916. The treating orthopedic specialist, Dr. Lehrmann, has
given the claimant the rating of 5% for cervical injury and 5%
lumbar injury. These permanency ratings would mean that the
City would owe Mr. Gray $4,410 immediately and the file would
continue to remain open. This would continue to expose the
City to additional liability, especially for future medical costs.
It is the opinion of the City' s agent, Risk Management Ser'rices,
Inc. that this potential liability could be $15, 000.
Based on this information and subsequent reviews of this case by
both the City Attorney and City Manager ' s office, it is recommend-
ed that the City agree to close out this file in the lump sum
amount of $7, 500 plus an attorney' s fee of $1, 750.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission authorize the
wash out settlement for the workers compensation claim for Mr. Joel
A. Gray in the amount of $7, 500 plus an attorney' s fee of $1, 750. in
consideration of having the City no longer liable for any costs
associated with this claim.
Funds are available in the City' s general operating budge
52
AGENDA C.,t. 0. q, D
HTT:MMF:lb ITEM
DATE -' 20 — kb
ORIGINAL441111
RESOLUTION NO. 80-16194
(Authorizing settlement of Workmen's
Compensation Claim: Joel A. Gray v.CMB)