Resolution 80-16486 RESOLUTION NO . 80-16486
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKERS ' COMPENSATION CLAIM OF RICHARD L. BIRNBAUM
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on July 30 , 1979, one RICHARD BIRNBAUM, a former
employee of the City of Miami Beach, while striking a garbage truck
hopper with a sledgehammer injured his back; and
WHEREAS, said former employee underwent surgery, excising a disk
at L-5 ; 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 $10, 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 $1, 800.00; 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
tM a r ��'
Attest :
4.-;-a--?)htot-ita-.-caAv �cA,2--,,‹,pJ)C --�; �C�Cilerk
/lb
FORM APPROVED
VG DEPT.
By LT
Date l( 0C)
, ‘
eco weame &4d
44y FLORIDA 3 3 1 3 9
;tib \
"VACA TIONLAND U. S. A.
t,:
OFFICE OF THE CITY MANAGER CITY HALL
HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. gLISP
DATE: December "1._„_1980
TO: Mayor Murray Meyerson and
Me a of the City o mission
FROM: H of . o
City Manager
SUBJECT: WORKERS ' COMPENSATION CASE SETTLEMENT/RICHARD BIRNBAUM
Mr. Richard L . Birnbaum was employed by the City of Miami Beach
as a welder in the Public Properties Department .
On June 27 , 1978 , when Claimant had been with the City for five
( 5 ) years , Claimant suffered a puncture wound to his right foot
during the course of his employment . This was a minor matter
with only medical expense involved.
On July 30 , 1979 , while stricking a garbage truck hopper with a
sledgehammer, Claimant injured his back. Claimant ' s back
condition worsened until he was hospitalized and underwent
surgery to his back on October 2 , 1979 . A disc at L-5 was
excised.
At the present time , the City of Miami Beach has expended
$10, 880 .41 on medical and $1,690 .00 in compensation for Mr.
Birnbaum. These costs total $12 , 570. 41 . Claimant is presently
in the state of Washington. A physician in that state has given
Claimant a permanency rating of 10% of the body.
Based on the foregoing information, the Administration sought to
settle this open file . In that regard, the Administration asked
Risk Management Services , Inc . to review the file and attempt
to negotiate a washout settlement . Their review of this file
indicates that in fact a more realistic medical rating would be
15% of the body, which would have a value of $6 , 825 .00 .
Furthermore, Risk Management Services , Inc . believes that future
medical and legal costs could be quite substantial based on the
nature of Claimant ' s injury and the limitations that he will
have in seeking other employment .
After a series of negotiations , a tentative settlement amount of
$10, 000 . 00 was agreed to and would close-out both Workers '
Compensation files . In addition, the attorney' s fee on this
settlement would be $1, 800. 00 . Upon successful closure of these
files the City will no longer be financially liable for any
expenses related to these injuries .
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission adopt the
attached resolution authorizing the final settlement in regard
to Workers ' Compensation cases involving Mr. Richard Birnbaum in
the amount of $10 , 000 .00 , and an additional $1 , 800 . 00 for
attorney ' s fees . There will be no further exposure to the City
after these files are closed. 12
HTT: MMF : lb AGENDA c _a_ c.
Attachment ITEM
DATE / - 3 ego
ORIGINAL ,
RESOLUTION NO. 80-16486
(Authorizing settlement of Workers'
Compensation Claim: Richard L. Birnbaum
v. CMB)
Agii