Resolution 80-16384 RESOLUTION NO. 80-16384
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKER'S COMPENSATION CLAIM OF DIANE KAHN
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on June 18, 1975, one DIANE KAHN, a former employee of
the City Miami Beach, developed a degenerative arthritis of the first
metacarpal joint, and as a result had a silastic prosthesis inserted
in her thumb. On February 19, 1976, Claimant tripped over a desk
leg, sustaining a dislocation of the prosthesis, necessitating
further surgery. She later developed carpal tunnel syndrome in both
hands; and
WHEREAS, said former employee has been given a 20% rating of the
left hand; 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 $8,000 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
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 MIAM 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
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FORM APPROVED
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OFFICE OF THE CITY MANAGER CITY HALL
HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. ay14
DATE: September 24, 1980
TO: Mayor Murray Meyerson and
Members of the City Commission
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FROM: H,arpdlikT."I`oal`
City Manager
SUBJECT: WORKER'S COMPENSATION CASE SETTLEMENT / DIANE KAHN
Mrs. Diane Kahn had been employed by the City of Miami Beach as an
administrative aide for 13 years. She has now retired.
On June 18, 1975 Claimant reported pain to her left thumb. Claimant had
developed a degenerative arthritis of the first netacarpal joint. This
condition was aggravated by the repeated trauma of her work activities,
mainly, typing. As a result of her condition, the Claimant had a silastic
prosthesis inserted in her left thumb.
Claimant did well until February 19, 1976, at which time she tripped over a
desk leg, sustaining a dislocation of the prosthesis. Further surgery was
necessitated. She later developed carpal tunnel syndrome in both hands as a
result of the fall. The Claimant went on service connected disability as of
December 28, 1977. The Claimant still has no feeling in the left thumb, nor
any control of it's movement. The Claimant has since been given a 20% rating
of the left hand by her treating physician. A 20% rating has a monetary
value of $3,920.
The City of Miami Beach has already spent approximately $8,000 on this file.
After a careful review by Risk Management Services, Inc., it was determined
that the City could have a potential monetary exposure of $15,000. Based on
these facts, the Administration sought to settle this case with the
Claimant. After a series of negotiations, a tentative, mutually agreed upon
settlement of $8,000 was agreed upon. Upon settlement of this case the City
will no longer have any financial liability in this regard.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission authorize the lump sum
worker's compensation settlement to Mrs. Diane Kahn in the amount of $8,000
in full settlement of her claims.
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Attachment
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AGENDA C
ITEM -,•
DATE 414.4'..
ORIGINAL 141RESOLUTION NO. 80-16384
(Authorizing settlement of Workers'
Compensation Claim: Diane Kahn v CMB)
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