Resolution 80-16428 •
RESOLUTION NO . 80-16428
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKERS ' COMPENSATION CLAIM OF ROY JOHNSON
AGAINST THE CITY OF MIAMI BEACH .
WHEREAS , ROY JOHNSON , a former employee of the City of
Miami Beach suffered an injury in the course of his employment ,
on February 19 , 1976 , when debris flew into his eye, and
WHEREAS , Claimant sustained additional injuries as follows :
on September 22 , 1976 , while pulling chains in a truck he
injured his lower back and groin area; on April 4 , 1977 , while
pulling a net off a truck he slipped and fell backwards and
injured his right shoulder and collarbone; and on June 20 , 1978 ,
he again injured his back and groin, this time unloading
trimmings and cuttings into a truck; and
WHEREAS , after review of this file by Risk Management
Services, Inc. and their legal counsel it was determined that a
rating of 60% disability of the body as 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 $40 ,000 .00
representing a final settlement of any and all past , present and
future compensation and medical benefits due him under the
Workers ' Compensation law, and a reasonable attorney ' s fee of
$6 ,750 .00 , 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 15th day of October , 1980
Ma r
Attest:
J. ,%,2
City Clerk
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FORMP` r'r., .-,,.QED
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FLORIDA 3 3 1 3 9
* o *` "VACATIONLAND U. S. A.-
OFFICE
."OFFICE OF THE CITY MANAGER CITY HALL
HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. 31/ `
DATE: Or•tnhPr 1S, 1980
TO: Mayor Murrayeyerson and
-iyle ben Af,the Okty Commission
FROM: / arold T. toe!
City Manager
SUBJECT: WORKER'S COMPENSATION SETTLEMENT/ROY JOHNSON
Mr. Roy Johnson was employed by the City of Miami Beach as a laborer
in the Sanitation Department.
On February 19 , 1976 , Claimant while in the course of his
employment , suffered an injury when debris flew into his eye.
On September 22 , 1976 , while pulling chains in a truck the Claimant,
injured his lower back and groin area.
On April 4 , 1977 , while pulling a net off a truck, the Claimant
slipped and fell backwards and injured his right shoulder and collar
bone.
On June 20 , 1978 Claimant again injured his back and groin, this
time unloading trimmings and cuttings into a truck.
D!,e to these injuries the Claimant underwent surgery of the back.
To date the City has spent $ 12,935. 58 in medical costs, $5 , 544 .00 in
temporary total costs and $8 ,820 in permanency rating costs. These
costs total $27 ,299 . 58.
Dr. Raymond Walker , the City ' s authorized treating physician in this
case has revised his estimate of the Claimant ' s disability to 60% of
the body. This represents an additional $17 ,640 .00 that the City
will have to pay the Claimant.
The Claimant ' s medical picture is complicated by the fact that he
suffers from diabetes and high blood pressure . In July, 1980
Claimant applied to the City of Miami Beach for pension stating that
he is no longer able to work. Future medical , legal and worker 's
compensation costs seem extremely probable based on the current and
potential medical complications.
For the past several months Risk Management Services, Inc . has had
ongoing surveillance of the Claimant. The result of his
surveillance has shown that the Claimant has not been working and
has not been involved in any worthwhile income-producing activity.
Based on the above-mentioned facts, the Administration sought the
opinion of Risk Management Services , Inc. and their legal council ,
Miller , Hodges and Kagan as to the possibility of lump sum
settlement of this file . After a review of the file by Risk
Management Services , Inc. and their legal council , they stated that
the exposure in this file is permanent total disability and a
settlement value must be based on that evaluation. Dr. Walker
states that the Claimant will need additional medical care not only
for his back injury, but also for a serious cyst condition which he ,
Dr. Walker, states is related.
AGENDA � g 41.
ITEM
DATE 1 f J -
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COMMISSION MEMORANDUM NO. Ptilio
After a series of negotiations with the Claimant' s attorney, it was
tentatively agreed to that this case could be finally resolved for
an amount of $40 ,000.00 , plus an additional $6 ,750 .00 for attorney
fees. Upon settlement of this case the City would no longer be
financially liable for any costs related to these injuries.
Due to the amount of this award and the circumstances involved, the
Administration has instructed Risk Management Services , Inc. to file
a claim against the State 's Special Disability Fund in this regard.
If our claim is successful against the Fund the City will be
reimbursed for some of the costs incurred in this case.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission award a lump
sum worker' s compensation settlement in the amount of $40 ,000 .00 to
Mr. Roy Johnson. In addition to this amount, $6 ,750.00 shall be
awarded for attorney fees. Upon successful closure of this file the
City will no longer be financially liable or responsible for any
future costs related to this case.
HTT:MMF: lb
Attachment
42
ORIGINAL
RESOLUTION NO. 80-16428
(Authorizing settlement of Workers'
Compensation Claim: Roy Johnson v CMB)
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