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Resolution 80-16318 RESOLUTION NO. 80-16318 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKER' S COMPENSATION CLAIM OF ALICE GREEN AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on November 16, 1977, one ALICE GREEN, a former employee of the City of Miami Beach, fell and suffered a cervical strain and sprain ; and WHEREAS, said former employee was diagnosed as having a discogenic disease at C 5-6 and C 6-7. As a result of this injury, Mrs. Green suffered mental anguish and depression due to the fact that she is no longer able to be gainfully employed; 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 $10, 000 representing a final settlement of any and all past , present and future compensation and medical benefits due her under the Worker' s Compensation Law, and a reasonable attorney ' s fee of $3, 572. 49; 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 stip- ulation tip- ulation 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 hereby authorized and directed to comply with the Order of the Deputy Commissioner approving such stipulation. PASSED and ADOPTED this 18th day of June , 1980 1 \\\A\._ \\\)\ Mayo , Attest : City C e (SEAL) 4 AF / Iv r do, _ Approved by : ti r�r� 10( f it , wIttorney eedd I /4am I 0 4 = �, , FLORIDA 3 3 1 3 9 C* * "VACA TIONLAND U. S. A." h: 11,:„H..:.... OFFICE OF THE CITY MANAGER CITY HALL HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 8011-3 DATE: June 18, 1980 TO: Mayor Murray Meyerson and M miners of the,,ci ty Com ission FROM: a !d . T al \'s'Y) , City Manager SUBJECT: WORKER' S COMPENSATION CASE SETTLEMENT/ ALICE GREEN Mrs. Alice Green was employed by the City of Miami Beach, Tourist Development Authority as a convention assistant . On November 16, 1977 , while in the course of her employ- ment , she fell and suffered a cervical strain and sprain , subsequently diagnosed as a discogenic disease at C 5-6 and C 6-7. As a result of this injury, the Claimant also suffered mental anguish and depression due to the fact that she is no longer able to be gainfully employed. After a series of medical examinations, the Claimant has been classified as temporarily totally disabled. To date, the City has paid $5, 216. 61 in temporary benefits . In addition, the City has paid $3,600 in medical costs, for a total of $8 , 816. 61. The treating physician estimates the cost of future medical to be at least $1, 000 per year. This amount would be in addition to any worker' s compen- sation benefits that are deemed appropriate. Based on the above-mentioned information , the Administration sought to negotiate a washout settlement with the assistance of Risk Management Services, Inc . After a series of meet- ings, they tentatively mutually agreed upon a figure of $10, 000. In consideration of this settlement the City would no longer be held liable for any costs incurred as a result of this injury. ADMINISTRATION RECOMMENDATION It is recommended that the Mayor and City Commission adopt the attached resolution authorizing the settlement of a worker' s compensation case involving Mrs. Alice Green in the amount of $10 , 000, and an additional $3, 572 . 49 for attorney fees. HTT:MMF: lb 53 AGENDA e I./ - /// ITEM DATE 6 - ( 6 - Ko ORIGINAL RESOLUTION NO, 80-16318 (Settlemen Worker's Comp claim Alice Green)