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Resolution 81-16662 RESOLUTION NO. 81-16662 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKERS' COMPENSATION CLAIM OF CURTIS BOLLING AGAINST THE CITY OF MIAMI BEACH WHEREAS, on March 21, 1974, one CURTIS BOLLING, an employee of the City of Miami Beach Police Department, while responding to an audible alarm, was proceeding along a flattop gravel roof when he stepped off the roof onto an awning and plunged approximately 15 feet, landing on a patio chair. Claimant assumed, since the awning was painted, that it was solid, however, the awning turned out to be canvas. As a result of this fall, Claimant suffered injuries including a fracture of the left elbow, chrondormalacia of the left knee, and entrapment of the ulnar nerve in the left elbow. Claimant may have to have his knee cap surgically removed in the future. WHEREAS, on May 31, 1975, Claimant was in a Miami Beach police car re- sponding to a call when he was involved in an automobile accident, this time suffering a cerebral concusssion. WHEREAS, on February 20, 1979, Claimant, while patrolling Lincoln Road, stepped into a depression and fell. He suffered multiple contusions, abrasions and a traumatic effusion of the left knee. 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 pro- visions of F.S. 440.20 (10), as amended; such settlement calls for the payment by the City to said employee of the sum of $11,500.00 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 $2,475.00; 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 by a Deputy Commission 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 Com- missioner approving such stipulation. PASSED and ADOPTED this 20th day of May, 1981. %.\\N_:\K) . . .r Attest: e; C 7)4/1 e tD7)7,-OvED City Clerk DI:av iHaim /lb C-71-By Date i l etv weelme .._..,-..,"%‘‘. FLORIDA 3 3 1 3 9 * E "VA CA TIONLAND U. S. A." H OFFICE OF THE CITY MANAGER CITY HALL HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 0120 DATE: May 20, 1981 TO: Mayor Murray Meyerson and -- =rs of th C" Commission • FROM. • T a City Manager SUBJECT: WORKERS' COMPENSATION SETTLEMENT/CURTIS BOLLING On March 21, 1974, the Claimant, Mr. Curtis Bolling, while in the employ of the City of Miami Beach Police Department, responded to an audible alarm. He was proceeding along a flattop gravel roof and stepped off the roof onto an awning. The awning was painted and he assumed it was solid. As it turned out, the awning wascanvas and Claimant plunged approximately 15 feet, landing on a patio chair. Claimant suffered injuries including a fracture of the left elbow, chrondromalacia of the left knee, and entrapment of the ulnar nerve in the left elbow. As a result of this fall, Claimant may have to have his knee cap surgically removed in the future. Mr. Bolling has received $7,732.00 in compensation payments and $4,397.00 in medical benefits as of March 16, 1981. On May 31, 1975, Claimant was in a Miami Beach police car responding to a call when he was involved in an automobile accident, this time suffering a cerebral concussion. Claimant has received $1,548.00 in medical payments and $945.00 in compensation payments for this accident. On February 20, 1979, Claimant, while patrolling Lincoln Road, stepped into a depression and fell. As a result of this fall, he suffered multiple contusions, abra- sions and a traumatic effusion of the left knee. Claimant has received $481.45 in medical payments and $520.00 in compensation payments. Claimant's attorney, Mr. Harvey Abramson, evaluates the exposure to the City on these three accidents as follows: estimating the cost of the suggested future surgery at $20,000.00 and he believes Claimant will receive a rating of 50% of the left leg and 15% of the back (a 50% rating of the left leg has a value of $8,000.00; 15% rating of the back has a value of $4,200.00). Based upon the particulars 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 the three files. After a series of negotiations, a mutually acceptable settlement has been reached in the amount of $11,500.00, plus an additional $2,475.00 in attorney fees. Upon successful closure of these files, the City will bear no future liability. Administration Recommendation It is recommended that the Mayor and City Commission adopt the attached resolu- tion authorizing the lump sum settlement to Claimant, Mr. Curtis Bolling, in the amount of $11,500.00 and $2,475.00 for attorney fees. Furthermore, it is to be understoodthat upon settlement of these files in said amount, the City would no longer be liable for any future costs relating to these three accidents. HTT:FDC:lb 1 Attachment AGENDA a, 4.-/ ITEM DATE ORIGINAL RESOLUTION NO. 81-16662 (Authorizing acceptance of Worker's Compensation Claim: Curtis Bolling v.CMB)