Resolution 80-16298 RESOLUTION NO. 80-16298
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKER' S COMPENSATION CLAIM OF ROBERT AYDEN
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS , on November 30, 1973 , one ROBERT AYDEN, a
former employee of the City of Miami Beach, suffered an injury
to his right knee; and
WHEREAS , said former employee, after a series of
medical examinations, it was determined that a fusion of the knee
should be performed as part of the overall treatment plan .
As a result of this injury, Mr. Ayden is no longer able to work
for the City and has been given a permanency rating of 30% of
the leg; 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 $14 , 320 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 of $2 ,400; 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 here-
by authorized and directed to comply with the Order of the Deputy
Commissioner approving such stipulation.
PASSED and ADOPTED this 4th day of June , 1980.
Mayor
Attest :
City Cler
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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. , V(9 ,
DATE: June 4, 1980
TO: Mayor Murray Meyerson and
Men ers of the City Com ission
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FROM: IIr oId T. Toil
City Manager
SUBJECT: WORKER' S COMPENSATION CASE SETTLEMENT/
ROBERT AYDEN
Mr. Robert Ayden was employed by the City of Miami Beach as
a waste collector.
On November 30, 1973, while employed by the City , Mr. Ayden
slipped on a rock and injured his right knee. As a result
of this injury, Mr. Ayden is no longer able to work for the
City and has been given a permanency rating of 30% of the
leg. After a series of medical examinations, it was deter-
mined that a fusion of the knee should be performed as part
of the overall treatment plan.
We have been informed by our worker' s compensation agent ,
Risk Management Services, Inc. , that the future potenial
liability for this case can be considerable, and that a
closure at this time would be in the best interest of the
City. To date , the City has paid nearly $7, 000 in temporary
total , permanency, and medical-related costs.
After a series of negotiations , it was tentatively agreed to
settle this claim in the amount of $14, 320, and in considera-
tion thereof , the City will no longer be held liable for any
costs associated with this injury.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission approve
the attached resolution approving the lump sum settlement in
the amount of $14 , 320 for Claimant , Mr. Robert Ayden , and an
additional $2 , 400 for attorney fees. Upon closure of this
case the City no longer will have any future liability in
this regard.
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AGENDA C 3 .
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ORIGINAL
RESOLUTION NO. 16298
c r (Worker's Compensation claim
bert Ayden)
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