Resolution 80-16339 RESOLUTION NO. 80-16339
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
• WORKER'S COMPENSATION CLAIM OF FRANK AZCARATE
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on June 9, 1978, one FRANK AZCARATE, a
former employee of the City of Miami Beach, while going up the stairs
at police headquarters felt pains in his chest; and
WHEREAS, said former employee was diagnosed by the
City Physician as having angina. The City Physician referred him to
a cardiologist where Claimant was subsequently diagnosed as having
severe coronary artery disease, and had an infarct and underwent a
double coronary bypass; and
WHEREAS, Risk Management Services, Inc. , has det-
ermined 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 him under the Worker's Compensation Law, and a reasonable attorney's
fee of $2,550, 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 hereby authorized and
directed to comply with the Order of the Deputy Commissioner approving
such stipulation.
PASSED and ADOPTED this 6th day of August , 1980.
or
Attest:
7 _40-172-1"
Cit lerk
FORA A7PROVED
LAI/DEPT.
By
Date 7/2 ?A°
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"VACATIONLAND U. S. A."
OFFICE OF THE CITY MANAGER CITY HALL
HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. 83(54
DATE: August 6, 1980
TO: Mayor Murray Meyerson and
Members f the City o mission
4
FROM: H f.`Ti>c _ ._. Cht-` .
City Manager
SUBJECT: WORKER"S COMPENSATION CASE SETTLEMENT/
FRANK AZCARATE
The City of Miami Beach has employed a Mr. Frank Donald Azcarate as a
police officer since 1956.
On June 9, 1978, while going up the stairs at the police headquarters
the Claimant experienced pains in his chest. The Claimant alleges that
he was going up the stairs two at a time when these pains occurred.
The City Physician diagnosed angina and referred him to a cardiologist.
Claimant subsequently was diagnosed as having severe coronary artery
disease, and had an infarct and underwent a double coronary bypass.
The Claimant was initially accepted as compensable and the City paid
out $2,368 in compensation, and $124 in medical costs. On October 23,
1978 the City decided to controvert this claim.
This claim is now pending with attorney, Israel Abrams. Issues are some
$23,348 in medical , and the amount of temporary and total benefits in-
cluding permanency and future medical expenses.
Based on the potential exposure of this file, the Administration advised
Risk Management Services to seek a lump sum settlement. After a series
of negotiations , a settlement amount of $10,000, plus attorney fees of
$2,550 was mutually agreed to.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission adopt the attached
resolution providing for the settlement of a worker's compensation case
in the amount of $10,000 to Mr. Frank Donald Azcarate. In addition,
$2,550 shall be paid as attorney's fees. In consideration of this award
the City will no longer be exposed to any future claims in this regard.
HTT:MMF:lb
Attachment
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AGENDA C ` � c
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ITEM
DATE ?--6----ff0
V LC118 11RESOLUTION NO. 80-16339
(Authorizing settlement of Worker's Com-
pensation Claim: Frank Azcarate v CMB)