Resolution 81-16588 RESOLUTION NO. 81-1658e
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKERS' COMPENSATION CLAIM OF ERNEST
STRAHOSKY AGAINST THE CITY OF MIAMI BEACH
WHEREAS, on December, 7, 1973, one ERNEST STRAHOSKY, a former
employee of the Cityof Miami Beach, was pushing down on crate with a crowbar
i area and lower back; and
when he slipped and fell forward, injuring his left hip
WHEREAS, Claimant's hip condition continued to deteriorate until 1974 when
he underwent a total hip joint replacement. He underwent subsequent additional
surgery for revision of this prosthesis on January 17, 1978; and
WHEREAS, Claimant has been accepted as a permanent total, meaninghe
receives Workers' Compensation payments for the rest of his life, including medical
coverage; and
WHEREAS, on September 3, 1976, Claimant had another accident when he
slipped on an oil slick, suffering extensive damage to his knee, for which surgery
was also required; and
WHEREAS, no rating has been assigned, however, based on an analysis by Risk
Management Services, Inc., it is estimated that a payment of $2,500-$3,500.00 may
be in order; 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
byCity the to said former employee of the sum of $35,000.00 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 $10,500.00; 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 bya Deputy Commission of Industrial Claims and the Mayor, City Clerk,
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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.
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Attest:
xL4. 61.-1City Cle
/lb APPROVED
LEGAL DEPT.
By
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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. .2(Ed
DATE: _ March .k, 1981
TO: Mayor Murray Meyerson and
b: oftheC mmissi n
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FROM: :r.Id T. oal
City Manager
SUBJECT: WORKERS' COMPENSATION CASE SETTLEMENT/
ERNEST STRAHOSKY
On December 7, 1973, the Claimant, Mr. Ernest Strahosky, while in the employ of
the City of Miami Beach at 430 Alton Road, was pushing down on a crate with a
crowbar when he slipped and fell forward injuring his left hip area and lower back.
Claimant's hip condition continued to deteriorate until 1974 when he underwent a
total hip joint replacement. The Claimant had to undergo subsequent additional
surgery for revision of this prosthesis on January 17, 1978. The Claimant never
returned to work after that date and went on disability pension as of June 1, 1978.
Claimant has been accepted as a permanent total, which means he receives
Workers' Compensation payments for the rest of his life, plus medical coverage
under Workers' Compensation schedules. This is quite significant since Claimant
may require another total hip replacement.
Based on the above information, the Administration sought to settle this file with
the assistance of Risk Management Services, Inc. After a lengthy review and
analysis of this file, it was determined that the City's potential exposure in this file
could be $83,000.00. To date, the City has paid $12,540.41 in medical costs and
$5,728.00 in compensation costs for a total of $18,268.41.
On September 3, 1976, the Claimant had another accident. This time he slipped on
an oil slick and suffered extensive damage to his knee. Subsequent surgery was
required in this regard. At this time no rating has been assigned to the Claimant,
however, based on the analysis done by Risk Management Services, Inc., it is
estimated that an additional payment of $2,500-$3,500.00 might be in order. The
City, for this particular file, has paid to date $784.00 in compensation costs and
$3,056.00 in medical costs, for a total of $3,840.00.
Based on the particulars of both of these files and the potential financial exposure
to the City, the Administration requested that Risk Management Services, Inc.
attempt to negotiate a lump sum settlement for both files. In that regard, after a
series of negotiations, a mutually acceptable settlement has been reached in the
amount of $35,000.00, plus an additional $10,500.00 in attorney fees. Upon
successful closure of these files, the City will bear no future liability. However, in
relation to the September 3, 1976 accident, the City is going to retain its third
party lien rights so that it may be able to receive partial reimbursement for costs
already paid out to Claimant.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission adopt the attached
resolution authorizing the lump sum settlement to Claimant, Mr. Ernest Strahosky,
in the amount of $35,000.00, and $10,500.00 for attorney fees. Furthermore, it
should be understood that the City will no longer be financially liable for any
future costs in regard to both of these claims. The City will also retain its third 35
party lien rights in the event that it can be reimbursed for costs incurred from the
September 3, 1976 claim.
AGENDA
HTT/MMF/lb ITEM �+
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DATE
14111
ORIGINAL
RESOLUTION NO. 8.-16588
(Authorizing settlement of Workers'
Compensation Claim: Ernest Strahosky
v.CMB)
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