Resolution 80-16268 •
RESOLUTION NO. 80-16268
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKER'S COMPENSATION CLAIM OF ROBERT WEBB
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on February 24 , 1975, one ROBERT WEBB, an employee
of the City of Miami Beach, suffered injuries to his left knee in the
course and scope of his employment and, on June 2 , 1976 , said employee
suffered injuries to his back and left shoulder in the course and
scope of his employment; and
WHEREAS, said employee was seen by Dr. Alen E. Gordon, an
orthopedic specialist, and it was determined that said employee has
a permanent partial disability of 30% of the left leg and 5-10% of
the body as a whole for the shoulder injury, or, combining both,
20-25% permanent partial disability of the body as a whole; 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 F.S . 440 . 20 (10) ,
as amended; such settlement calls for the payment by the City to said
employee of the sum of $20 , 000 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 $3 ,750; 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;
NQW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, that Risk Management Services, Inc . , as the
agent of 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 7th day of May , 1980 .
May '-�
Attest:
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 MPI 1 '980 CITY HALL
HAROLD T.TOAL ppe CONVENTION CENTER DRIVE
CITY MANAGER
AT1URE:`� Qr TELEPHONE: 673-7010
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COMMISSION MEMORANDU
AT
CITY DATE: May 7, 1c180
TO: Mayor Murray Meyerson and
Members of the City Commission
FROM: Harold T. Toal
City Manager
SUBJECT: SETTLEMENT OF WORKER'S COMPENSATION CASE - ROBERT WEBB
Mr. Robert Webb, claimant, was employed in the Refuse Department
of the City of Miami Beach. On February 24, 1975 during the
course of his employment, Mr. Webb injured his left knee. As a
result Mr. Webb had to undergo surgery twice, including the
removal of the patella. In June 1979, authorized physician, Dr.
Weiss awarded Mr. Webb 20% permanent partial disability of
the leg, plus the admonition that he was to do no heavy lifting
under any circumstance.
On June 2, 1976, again during the course of the Claimant ' s employ-
ment , another accident resulted. This time the injury involved
the Claimant ' s back and left shoulder. The expenditures on this
file were under $1, 000, but the danger was that it opened the
door for a "body" rating, which is more lucrative to a claimant
and his attorney. The expenditures on the knee injury have been
to date $13,461 in temporary total , $4 , 200 in permanency, and
$12, 141 in medical costs. These expenditures total $29, 802 paid
to the Claimant to date.
Dr. Alen E. Gordon, an orthopedic specialist , saw the Claimant on.
March 12, 1980 and gave him a permanency rating of 30% of the
leg, 5-10% of the body for the shoulder or, combining both, 20-25%
of the body. These ratings mean that $4, 988 is owed to the
Claimant of the permanency aspect alone.
Based on these facts, the City' s worker' s compensation agent , Ris'.:
Management Services, Inc . was authorized to attempt to settle
this case by the Administration. After a series of negotiations
with the Claimant ' s attorney a settlement amount of $20, 000 and
$3, 750 for attorney fees was mutually agreed to. Settlement of
this case for the previously stated amounts would result in no
future liability to the City for these claims.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission authorize the
payment of $20, 000, plus $3, 750 attorney fees for the purposes
previously described. This action would result in the closing of
this file, and as a result the City would no longer incur any -
costs in this regard.
HTT: MMF: l b
AGENDA
ITEM L t
DATE 5 SI)
ORIGINAL
RESOLUTION NO. 80-16268 lql
(Authorizing final settlement of Worker's
Compensation Claim: Robert Webb v CMB)
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