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Resolution 80-16341 - t RESOLUTION NO. 80-16341 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKER'S COMPENSATION CLAIM OF GERALD VANDERBERRY AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on October 19, 1977, one GERALD VANDERBERRY, an employee of the City of Miami Beach, while chasing a suspect in- jured his cervical area when he jumped off a 12 foot high cement wall; and WHEREAS, said employee underwent surgery for an extruded cervical disc, and was given a 15% permanency rating of the body; 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 $12,000 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 no attorney fees; 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. Ma r ` < >*c\ Attest: // r, City Clerk fURM APPROVED ViA;� DEPT. By L[:✓ r, Date 7Il • • ecdo vituteite eedd .....„ FLORIDA 3 3 1 3 9 (*:(400150:*: "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. 3k9 DATE: August 6, 1980 TO: Mayor Murray Meyerson and e rs of theCipsCozZion OW FROM: rod . Toff--h City Manager SUBJECT: WORKER'S COMPENSATION CASE SETTLEMENT/ GERALD VANDERBERRY Mr. Gerald Vanderberry has been employed by the City of Miami Beach as a police officer for the past 10 years. On October 19, 1977, while chasing a suspect, Claimant injured his cervical area when he jumped off a 12' high cement wall . As a result of this injury, the Claimant underwent surgery for an extruded cervical disc. The Claimant received a good surgical result and was able to continue his duties as a police officer. The Claimant has since been given a 15% permanency rating of the body as a result of that injury. A 15% permanency rating has a monetary value of $6,247.50. The City of Miami Beach has already spent approximately $9,000 on this file. After an analysis of this file was performed by Risk Management Services, Inc. , we were informed that the potential exposure for these injuries is approximately $25,000. Based on this information, the Administration requested that a lump sum settlement be negotiated be- tween the City and the Claimant. After a series of negotiations, a $12,000 full settlement award was tentatively agreed to. In considera- tion of this award the City would no longer be liable for any of the injuries sustained to the Claimant. ADMINISTRATION RECOMMENDATION It is recommended that the Mayor and City Commission adopt the attached resolution providing for the lump sum settlement of a worker's compen- sation case in the amount of $12,000 for Mr. Gerald Vanderberry. HTT:MMF:lb Attachment AGENDA .- G ITEM DATE U v ORIGINAL .. .,� .. . .__,. ._..�.,..�. ..,._ .zs.. _� RESOLUTION NO. 80-16341 (Authorizing settlement of Worker's Compensation Claim: Gerald Vanderberry v CMB) 1' 111111111 111111