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Resolution 80-16383 RESOLUTION NO. 80-16383 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKER'S COMPENSATION CLAIM OF ROBERT NIEDER AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on January 21, 1977, one ROBERT NIEDER, an employee of the City of Miami Beach was involved in a vehicular accident, sustaining injuries to his right hand, right knee and both shoulders. The diagnosis was cervical radiculitis. On September 16, 1977, the Claimant was again involved in a vehicular accident, this time sustaining injuries to his right wrist and left knee. The diagnosis was a sprained wrist; and WHEREAS, said employee's treating physician's final medical report indicates a 15% rating to the body as a result of both accidents; 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. 400.20 (10 ), as amended; such settlement calls for the payment by the City to said employee of the sum of $9,500.00 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 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 24th day of September , 1980 \\\\\:.)'- oiMm. . .r City Cl rk /lb E FO LEGAL : T. BY C*.t*'rNe-,1 ` �j t a 1 dO - Date \ _,,,_ t .. . eel 4 Neetote: &ad .+ --_--ii,f FLORIDA 3 3 1 3 9 * '`, "VACATIONLAND U. S. A." Itc if 2e' OFFICE OF THE CITY MANAGER CITY HALL HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. gs-.6 6 DATE: spp*e*Na"r 24, 1980 TO: Mayor Murray Meyerson and Mir ers of the City Commission FROM: 4.1 0 �E- t. it- uc City Manager SUBJECT: WORKER'S COMPENSATION CASE SETTLEMENT / ROBERT NIEDER Mr. Robert Nieder is currently employed by the City of Miami Beach as a detective in the Police Department. The Claimant was involved in a vehicular accident on January 21, 1977 in which he was struck by another vehicle and sustained injuries to his right hand, right knee and both shoulders. The diagnosis was cervical radiculitis.. The City has paid to date $559.75 for medical care and $714.00 in temporary total benefits. On September 16, 1977, the Claimant was again involved in another vehicular accident in which the other driver failed to yield the right-of-way and struck the Claimant's vehicle. The Claimant sustained injury to his right wrist and left knee. The diagnosis was a sprained right wrist. The City has paid to date on this injury, the amount of $484.45 in medical care and $309.40 in temporary total benefits. The treating physician's final medical reports indicate a 15% rating to the body as a result of both accidents. This rating has a monetary value of $6,200.00 After review of this file by Risk Management Services, Inc. , it was determined that it would be in the best interest of the City to attempt to lump sum settle this file. The Administration authorized Risk Management to negotiate with the Claimant. After a series of negotiations, it was determined that the file could be settled in the amount of $9,500.00 and that the City would bear no future liability in either medical or compensation costs as they relate to either the January 21st or September 16th accident. ADMINISTRATION RECOMMENDATION It is recommended that the Mayor and City Commission authorize the lump sum worker's compensation settlement in the amount of $9,500.00 to Mr. Robert Nieder. Upon successful closure of this file the City will no longer have any liability in this regard. HTT:MMF:lb Attachment AGENDA Coe.... 11(.00 f;) ITEM (/ DATE g - ozy— TO ORIGINAL 141RESOLUTION NO. 80-16383 (Authorizing settlement of Workers' Compensation Claim: Robert Nieder v CMB) 1