Resolution 80-16485 RESOLUTION NO . 80-16485
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKERS ' COMPENSATION CLAIM OF WILLIE LAWYER
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS , on September 7, 1973, one WILLIE LAWYER, a former
employee of the City of Miami Beach, while dumping garbage into a
truck, slipped on the wet ground causing his left hand to be crushed
by the packing blade; and
WHEREAS , said former employee suffered an amputation of the left
hand and has since developed bursitis of the left shoulder; and
WHEREAS, Risk Management Services , Inc . has determined and recom-
mended 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 $6 ,500.00 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 $1,625 .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 herein-
above 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 di-
rected to comply with the Order of the Deputy Commissioner approving
such stipulation.
PASSED and ADOPTED this 3rd day of December , 1980
Mayo --7N-\
Attest :
Ci yClerk
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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. %,,,,lit
DATE: December 3 , 1980
TO: Mayor Murray Meyerson and
ers of th i Commission
FROM: H mid . o C
City Manager
SUBJECT: WORKERS ' COMPENSATION SETTLEMENT/WILLIE LAWYER
Mr. Willie Lawyer was employed by the City of Miami Beach as a
waste collector in the Public Works Department .
On September 7 , 1973 , while in the course of his employment , Mr.
Lawyer was dumping garbage into a truck. The ground was wet and
Claimant slipped causing his left hand to be crushed by the
packing blade .
As a result of this injury, Claimant suffered an amputation of
the left hand. Since then Claimant has developed bursitis of
the left shoulder.
To date, the City of Miami Beach has expended $8 , 252 . 60 in
medical and $15 ,952 . 00 in compensation, including 100% permanent
partial disability of the hand. These costs total $24 , 204 .60 .
Based on the Administration and Risk Management Services , Inc .
analysis of this file , it appears that there will be future
expenses for replacement prostheses , gloves and hooks . In
addition, there would be treatment and permanency aspect3
regarding the bursitis . In an attempt to reduce and eliminate
the City ' s financial exposure in this file, the Administration
sought to settle this case with the assistance of Risk
Management Services , Inc .
After a series of negotiations with Claimant and his attorney, a
settlement of $6 , 500.00 , plus an attorney ' s fee of $1 ,625 .00 was
mutually agreed to.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission adopt the
attached resolution authorizing the final settlement of the
Workers ' Compensation case involving Mr. Willie Lawyer in the
amount of $6 , 500 .00 , plus an additional $1 ,625 . 00 for attorney' s
fees . Upon successful closure of this case the City will no
longer incur any financial liability in this regard .
HTT: MMF; lb
Attachment
10
AGENDA e.,.., 24 ,3
ITEM
DATE ' —3 - o
ORIGINAL 1411RESOLUTION NO. 80-16485
(Authorizing final settlement of Workers'
Compensation Claim: Willie Lawyer v.CMB)