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Resolution 80-16385 RESOLUTION NO. 80-16385 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKER'S COMPENSATION CLAIM OF ROSCOE GIBSON AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on August 22, 1978, one ROSCOE GIBSON, a former employee of the City of Miami Beach, was sitting on the front engine area while the tractor was being driven by a co-employee, the tractor hit a hole throwing the Claimant through the air and part of the tractor ran over him; and WHEREAS, said former employee suffered fractures of the ribs 5, 6 and 7 on the right side and 1 through 8 on the left side, a detached portion of the clavicle on the left side, multiple liver lacerations and removal of the spleen. After review of this file by Risk Management Services, Inc. , it was determined that a rating of 15% of the body is appropriate; 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 former employee of the sum of $6,615.00 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 a reasonable attorney's fee of $1,240.31, 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 -yor ' City •terk /lb FORM APPROVED LEGAL DEPT. By - Date cA \� 0 ep/44m 'e4e . :SPE; FLORIDA 3 3 1 3 9 444;;''' "VACATIONLAND U. S. A." 443.-1 OFFICE OF THE CITY MANAGER CITY HALL HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. gr/77 DATE: September 24, 1980 TO: Mayor Murray Meyerson and Mia' 4Ors of the City Commission FROM: arb d T. oa� City Manager SUBJECT: WORKER'S COMPENSATION CASE SETTLEMENT / ROSCOE GIBSON On August 22, 1978 Mr. Roscoe Gibson was employed by the City of Miami Beach as a golf attendant at the Bayshore Golf Course. On same date, Mr. Gibson was sitting on the front engine area of a City tractor while it was being driven by a co-employee. The tractor hit a hole, throwing the employee through the air and part of the tractor ran over him causing very serious internal injuries. Among the injuries Mr. Gibson suffered were fractures of ribs 5, 6 and 7 on the right side, and ribs 1 through 8 on the left side, a detached portion of the clavicle on the left side, multiple liver lacerations and removal of the spleen. As a result of this accident, the City of Miami Beach expended some $35, 139.60 on medical and $3, 150.00 in compensation costs. As of yet, Claimant has not received a permanency rating. However, after a careful review of this file by the City's Worker's Compensation agents it was felt that a rating of 15% of the body would not be unreasonable due to the extensiveness of the injuries. A 15% rating has a monetary value of $6,615.00 Based on the aforementioned facts, the Administration sought to close out this file due to the potential financial exposure that the City could incur. After a series of negotiations it was tentatively, mutually agreed upon that the file could be settled in the amount of $6,615.00 plus an additional $1,240.31 for attorney fees. Upon closure of this file the City would no longer be held liable for any costs related to these injuries. ADMINISTRATION RECOMMENDATION It is recommended that the Mayor and City Commission authorize the lump sum worker's compensation settlement to Mr. Roscoe Gibson in the amount of $6,615.00, and an additional $1,240.31 for attorney fees. HTT:MMF:lb Attachment AGENDA ITEM DATE 9 g [ - ORIGINAL 1411RESOLUTION NO. 80-16385 (Authorizing settlement of Workers' Compensation Claim: Rosecoe Gibson v CMB) I • • 1