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Resolution 80-16500 RESOLUTION NO . 80-16500 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKERS ' COMPENSATION CLAIM OF MARSHALL GARBER AGAINST THE CITY OF MIAMI BEACH. WHEREAS , on September 29 , 1977 , one MARSHALL GARBER, a former employee of the City of Miami Beach was involved in a motorcycle ac- cident when he swerved to avoid striking a group of juveniles ; and WHEREAS , said former employee sustained injuries to the left leg, right ankle , nerves , right ear and other parts of his body; and WHEREAS , the preliminary diagnosis revealed that Claimant has multiple fractures , including a fracture of the proximal fibula , spi- ral fracture of the mid-shaft of the tibia and a fracture of the dis- tal tibia. Further complications include the degenerative osteo- arthritis LS spine and continued ringing of the right ear . Claimant has received a 35% disability rating of the body; 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 $42 , 809 . 80 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 $5, 088 .38 ; 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 17th day of December , 1980 or Attest: City lerk /lb FORM r G L` DEPT. f � By Date 04 vie.. eata - _ E•• FLORIDA 33139 '* *' "VACATIONLAND U. S. A." OFFICE OF THE CITY MANAGER CITY HALL HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 8434 C7 DATE: December 17. 1980 TO: Mayor Murray Meyerson and M b rs of t Citk,*ommission FROM: roll T. Toa City Manager SUBJECT: WORKERS' COMPENSATION SETTLEMENT/MARSHALL GARBER The Claimant , Mr. Marshall Garber was employed by the City as a Police Officer. On September 29 , 1977 , during his employment , Claimant sus- tained multiple injuries when he was involved in a motorcycle accident . Specifically, the Claimant was driving his motor- cycle when he had to swerve to avoid striking a group of juveniles , resulting in Claimant being thrown off of the motorcycle. As a result of this accident , Claimant sustained multiple injuries to the left leg, right ankle , nerves , right ear and other parts of his body. Preliminary diagnosis re- vealed that Claimant had multiple fractures , including a fracture of the proximal fibula, spiral fracture of the mid- shaft of the tibia, and a fracture of the distal and the tibia. Further complications of this accident include the degenerative osteoarthritis LS spine and continued ringing in the right ear. Since the date of the accident, the City has made payments in temporary total benefits of $18,421 .20, and $7,392.51 in med- ical benefits , for a total of $25,813 .71 . At this rate , costs will continue to mount and escalate in the foreseeable future. In addition, Claimant has recently received a 35% disability rating of the body as a whole from Dr. Turbin. This has a monetary value of approximately $14,577.50; $452.70 of that amount has been paid. Furthermore , Claimant is now on disabililty retirement and his attorney is claiming he is permanently totally disabled. Medical reports from Dr. Sherwood, Dr. Turbin and Dr. Unger suggest similar prognosis for Claimant . Based on this information, and the fact that costs are con- tinuing to mount in this matter, the Administration sought to settle this file. Risk Management Services , Inc . was asked to review the file and recommend a suitable closure amount . After a series of negotiations , it was tentatively agreed to that this case could be settled in the amount of $42,809.80, plus an additional $5 ,088.38 for attorney fees . Upon suc- cessful closure of this case the City will no longer be fi- nancially liable for any ensuing costs related to this ac- cident . 114 AGENDA C . (�i " E ITEM DATE 1g.- COMMISSION MEMORANDUM NO. gl,(47 ADMINISTRATION RECOMMENDATION It is recommended that the Mayor and City Commission adopt the attached resolution authorizing a Workers ' Compensation settlement in the amount of $42,809.80 for the Claimant , Mr. Marshall Garber, and an additional $5,088.38 for attorney fees . Upon settlement of this case, there will be no further financial exposure to the City of Miami Beach. HTT:MMF: lb Attachments 1(5 ORIGINAL RESOLUTION NO. 80-16500 (Authorizing settlement of Worker's Compen- sation Claim; Marshall Garber v. CMB) P