Resolution 81-16587 RESOLUTION NO, 81-16587
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKERS' COMPENSATION CLAIM OF WILLIAM
DABNEY AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on May 31, 1976, one WILLIAM DABNEY, a former employee of the
City of Miami Beach experienced difficulty in breathing and shortness of breath;
and
WHEREAS, Claimant was diagnosed as having arteriosclerotic heart disease
with acute myocardial infarction; 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
WHEREAS, the Order of the Deputy Commission 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 4th day of March , 1981
Ma •r
Attest:
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City Cl k
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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.
i g(01
DATE: March 4 1981
TO: Mayor Murray Meyerson and
e bars of Com 'cion
FROM: arold "1 -r..-mil
City Manager
SUBJECT: WORKERS' COMPENSATION CASE SETTLEMENT/WILLIAM DABNEY
The Claimant, Mr. William Dabney, was hired by the City of Miami Beach as a
Laborer in the Sanitation Department on April 3, 1946. At the time of his
retirement on January 20, 1977, Mr. Dabney was working as a Policeman in the
Police Department.
On May 31, 1976, Mr. Dabney, while at work for the City, experienced difficulty in
breathing and also shortness of breath. He was diagnosed as having arteriosclerotic
heart disease with acute myocardial infractions The Claimant was seen and
treated by the City Physician and several other medical specialists. A rating was
never submitted due to the existence of disputed issues in connection with the
captioned claim. The claim was initially accepted as compensable, but then was
controverted.
The City of Miami Beach's expenditures to date are $812.00 in temporary total and
$18,966.58 in medical costs for a total of $19,778.58.
The Claimant retired on January 20, 1977 on a service-connected pension.
Based on this information, the City attempted to settle all outstanding claims and
requested that Risk Management Services, Inc. attempt to negotiate a successful
closure of this file. Their analysis indicated that the City would be liable if the
claim is found compensable for temporary total from at least January 20, 1977,
Permanent Partial Disability from then to the Claimant's death, plus all medical
costs. According to the Workers' Compensation schedule of payments, this has a
potential exposure and liability of $45,000.00 to the City. The Administration and
Risk Management Services, Inc. sought to secure a settlement based on this
information. After a series of negotiations, a tentative lump sum settlement of
$10,000.00 was agreed upon. If settled for said amount the City would no longer be
liable for any outstanding claims or medical costs in this regard.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission adopt the attached
resolution authorizing the lump sum settlement of a Workers' Compensation case
for Mr. William Dabney in the amount of $10,000.00. Furthermore, it is to be
understood that upon settlement of this case in said amount, the City would no
longer be liable for any future costs.
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AGENDA e,...
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ITEM
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ORIGINAL
RESOLUTION NO. 81-16587
(Authorizing settlement of Workers'
Compensation Claim: William Dabney v.CMBY
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