Resolution 80-16299 RESOLUTION NO. 80-16299
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKER' S COMPENSATION CLAIM OF ISMAEL HERMINA
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS , on May 10, 1978 , one ISMAEL HERMINA, a
former employee of the City of Miami Beach, suffered injuries
to his back while using a weed-eater machine; and
WHEREAS, said former employee , after a series of med-
ical examinations , was determined to have suffered a lumbar
laminectomy with excision of the herniated disc of L4-5. It
was determined that Claimant has permanent partial disability
of the body at a rating of 20% ; 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 . 44 0. 20(10) ,
as amended; such settlement calls for the payment by the City to
said former employee of the sum of $15 , 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 $4 , 800 ; 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.
\
Attest :
City Clerk
•
APPROVEL
L.L.LAL D - PT.
S: C/
RESOLUTION NO. 80-16299
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKER' S COMPENSATION CLAIM OF ISMAEL HERMINA
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS , on May 10, 1978 , one ISMAEL HERMINA, a
former employee of the City of Miami Beach, suffered injuries
to his back while using a weed-eater machine; and
WHEREAS, said former employee , after a series of med-
ical examinations , was determined to have suffered a lumbar
laminectomy with excision of the herniated disc of L4-5. It
was determined that Claimant has permanent partial disability
of the body at a rating of 20% ; 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 . 44 0. 20(10) ,
as amended; such settlement calls for the payment by the City to
said former employee of the sum of $15 , 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 $4 , 800; 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.
Ma •
Attest :
City Cle4 k
-Or : APPROVEL
L :UAL D MPT.
CYD.
•
00 ?Hearn smod
�P�►!._ f��,,, FLORIDA 3 3 1 3 9
* 1MC0 �' '' *- "VACA TIONLAND U. S. A."
H .
OFFICE OF THE CITY MANAGER CITY HALL
HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. 6?4,1
DATE: June 4 , 1980
TO: Mayor Murray Meyerson and
Membe' of the i Commission
1.-I y` .-e J'•4
• Hrld .,Jioat" ' ��`���/////
FROM. a
City Manager
SUBJECT: WORKER' S COMPENSATION CASE SETTLEMENT/
I S MAE L HE RM I NA
The City employed a Mr. Ismael Hermina in the Public Properties
Department. His occupational title was that of a Park
Attendant I .
On May 10, 1978 , the Claimant , during working hours injured his
back using a weed-eater machine. After a series of medical
examinations , it was determined that the Claimant had suffered a
lumbar laminectomy with excision of the herniated disc of L4-5.
Subsequent to the examinations , Claimant was awarded a 20% per-
manent partial disability of the body. This 20% rating means
that $7, 978. 60 is owed to the Claimant for these injuries.
To date, temporary total and medical benefits paid to Claimant
are $7 , 522. 68 and $5 ,498. 10 , respectively . Permanent partial
disability benefits paid through May of 1980 have totaled
$2,496. 72, and are continuing. Thus , the City has paid a total
of $15, 517. 50.
Based on the above facts , the City attempted to reach a lump sum
settlement with the Claimant with the assistance of Risk Manage-
ment Services , Inc. After a series of negotiations, a settlement
figure was tentatively agreed to in the amount of $15 ,000.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission adopt the
attached resolution approving the lump sum settlement in the
amount of $15, 000, and an additional $4, 800 for attorney fees,
for the settlement of a worker ' s compensation case in regard
to Mr. Ismael Hermina. In consideration of this settlement ,
the City will no longer be held liable for any future costs
related to this injury.
HTT:MMF : lb
5
AGENDA C"
�,.
ITEM
DATE
ORIGINAL
'RESOLUTION NO, 80-16299
(Worker's Compensation
.C,laim settlement -
Ella's" Israel Hermina)
1