Resolution 80-16285 L.
RESOLUTION NO. 80-16285
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKER' S COMPENSATION CLAIM OF GARY CRUMBLEY
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on February 28, 1977 , one GARY CRUMBLEY, a
former employee of the City of Miami Beach, suffered injuries
to his back while bending over to check the wheel bearing joint
on a vehicle in the course and scope of his employment; and
WHEREAS, said former employee, after a series of medical
examinations, was determined to have suffered a herniated lumbar
disc at L4-5 with resulting psychiatric problems and it has further
been determined that Claimant has a permanent partial disability
rating of 15% of the body as a whole, based upon a 10% orthopedic
related disability and a 5% psychiatric disability; and
WHEREAS, Risk Management Services, Inc. , has 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 former employee of the sum of $20,000.00 representing a. final settle-
ment of any and all past, present and future compensation and medi-
cal benefits due him under the Worker' s Compensation Law, and a
reasonable attorney' s fee to be $3 , 750 . 00; and
WHEREAS, the Order of the Deputy Commissioner of Indus-
trial 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 21st day of May , 1980 .
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Attest:
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City Clark
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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. S'at2, I
DATE: May 21, 1980
TO: Mayor Murray Meyerson and
M b rs of the CityCommission
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FROM: pra Id T.11Toal _� \-f- -
City Manager
SUBJECT: SETTLEMENT OF WORKER' S COMPENSATION CASE - GARY CRUMBLEY
Mr. Gary Crumbley was employed by the City of Miami Beach in
the Police Department. On February 28 , 1977 while employed
by the City the Claimant injured his back while bending over
to check the wheel bearing joint on a vehicle. After a
series of medical examinations , it was determined that the
Claimant had suffered a herniated lumbar disc of the L4-5.
The Claimant was subsequently awarded a permanent partial dis-
ability rating of 15% (10% orthopedic related , 5% psychiatric) ,
which means that the City of Miami Beach owed the Claimant
$6,247. 50.
Since the date of the injury the City has paid the Claimant
$12, 980. 27 for temporary total benefits , and $20, 235. 41 for a
total of $33 , 215. 68. Based on the amount of money that the
City has already paid, and the future liability to the City
for both compensation and medical costs the Administration
authorized its worker' s compensation agent , Risk Management
Services, Inc. to negotiate a lump sum settlement in this
regard. After a series of negotiations, a settlement amount
of $20, 000 was agreed to, plus an additional $3, 750 for
attorney fees.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission adopt the
attached resolution authorizing the settlement of a worker ' s
compensation case for Mr. Gary Crumbley in the amount of
$20 , 000, plus $3, 750 for attorney fees . Upon closure of this
case the City will no longer have any financial liability in
relation to the injuries that the Claimant suffered in regard
to this case.
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AGENDAr - DL
ITEM
DATE 5- a- -. 8'0
ORIGINAL
RESOLUTION NO. 80-16285
(Authorizing settlement of Worker's
Compensation Claim: Gary Crumbley v CMB)
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