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Resolution 80-16229 RESOLUTION NO. 80-16229 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKER'S COMPENSATION CLAIM OF ALVARO DOS SANTOS AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on October 19, 1976 , one ALVARO DOS SANTOS, an employee of the City of Miami Beach, suffered injuries to his back while mowing grass and has suffered further injury to his back on October 17 , 1977 , while lifting trash and April 12 , 1978, when he fell through a hole in the floor; and WHEREAS, said employee, as a result of these injuries , had to undergo back surgery and has been given a permanent dis- ability rating of 20% of the body and is suffering from emotional problems which further complicate the medical prognosis and it has been medically recommended that he find some type of employment that does not involve lifting or bending; and WHEREAS, Risk Management Services, Inc. , 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 $17 ,729 . 75 , 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 $5 , 141. 75 ; 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, FLORIDA, 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 Commissioner approving such stipulation. PASSED and ADOPTED this 19th day of March , 1980 . ., Mayor Attest: (SEAL) 4-4.2-1---iia* City Clerk ABG/rr OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 rnii' o � � y�� tri ,, te9..Aeft clAi • j / / ..e ' r 1 9-C:c gikk '';'' e-ii-t4, FLORIDA 3 3 1 3 9I ill\R 1 2 1980 ..z- N��1.y:, :*;lHCOR:'C1TfD *i • VACATIOLAD U. S. A. ► . . Ss . LIL • -tili -- -0(2? Y OFFICE OF THE CITY MANAGER CITY HALL HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 8108 DATE: March 19, 1980 TO: Mayor Murray.Meyerson and Members of the City Commission . FROM: Harold T. Toal City Manager SUBJECT: WORKER' S COMPENSATION SETTLEMENT / ALVARO DOS SANTOS Mr. Alvaro Dos Santos was hired by the City of Miami Beach as a Park Attendant in June, 1975. On October 19, 1976 while mow- ing the grass for the City claimant strained his back. On October 17, 1977 while lifting trash the claimant hurt his back again. This was also during the course of his employment. On April 12, 1978 while working in the City nursery the claimant' s foot went through a hole in the floor and his back was injured again. As a result of these injuries, claimant had to undergo back sur- gery, and was given a permanency rating of 20% of the body. In addition, it was medically recommended that he find some cther type of employment that did not involve lifting or bending. There are also emotional problems which further complicate the medical prognosis. Pursuant to the worker' s compensation rating schedule, a 20% rating has a monetary value of $7, 744.80. The City has already spent over $17, 000 on these files for medical related costs. The original settlement demanded by the claimant' s attorney was for $100,000. The file was reviewed on behalf of the Cita; by the law firm of Miller and Hodges, (the attorneys for Risk Management Services, Inc. ) who evaluated the settlement at $30, 000 to $35, 000. Through a series of negotiations and discussions, we have reached a tentative settlement with the claimant' s attorney, wherein the claimant will receive $19, 500 gross. However, since the City had already accepted the previously mentioned 20% rating, and paid $1, 770.2 5, the net amount due claimant for a lump sum settlement would be $17, 729. 75. In addition, there shall be attorneys fees amounting, to $5, 141.75. ADMINISTRATION RECOMMENDATION It is recommended that the Mayor and City Commission authorize the Administration to settle this case in the amount of $17, 729.75, plus an additional $ 5, 141. 7.5 for attorneys fees. In consideration of this settlement the City will no longer have any liability in this matter. HTT:M.MF:ib AGENDA C-4-D ITEM nrTr 3-19-80 ORIGINAL141 RESOLUTION NO. 80-16229 (Authorizing settlement of Worker's Compensation Claim: Alvaro Dos Santos vs. CMB) 4