Resolution 81-16802 1
RESOLUTION NO. 81-16802
A RESOLUTION AUTHORIZING ACCEPTANCE OF
FINAL SETTLEMENT STIPULATION IN CONNECTION
WITH WORKER'S COMPENSATION CLAIM OF JOSEPH
PEARSON AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on October 8, 1976, one JOSEPH PEARSON, an employee of the
City of Miami Beach Convention Center, injured his back while picking up an air
conditioning motor. Subsequently, the injury was diagnosed as a herniated disc
which led Mr. Pearson to undergo two laminectomys and two facet rhizotomys.
Despite these medical procedures, Mr. Pearson alleges he feels worse now than
after the accident. He alleges his legs are much weaker now and therefore he is
unable to remain standing or walk for more than ten to fifteen minutes without
having to sit down and rest. In addition, it is alleged that the medication he has
taken for the pain has created abdominal problems.
WHEREAS, at the present time, the medical costs in this case total
$34,049.47. In addition, the City of Miami Beach has paid $13,137.60 in Worker's
Compensation benefits.
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 employee of the sum of $45,000.00 representing a final
settlement of any and all past, present and future compensation and medical
benefits due him under the Worker's Compensation Law, and a reasonable
attorney's fee of $7,500.00; 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 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
Commissioner approving such stipulation.
PASSED and ADOPTED this 15th day of October , 1981.
tii ardt -
Vice Mayor
ATTEST:
City lerk
HTT:FDC:ae APP - i VED
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CPN ' 'may FLORIDA 33139
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"VA CATIONLAND U. S. A.-
-
OFFICE OF THE CITY MANAGER CITY HALL
HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE
CITY MANAGER q TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. 2.70 7 O
DATE: October 15, 1981
TO: Mayor Murray Meyerson and
f the City Commission
FROM: Ha Id'T. o �"� (1-K.L.
City Manager
SUBJECT: WORKER'S COMPENSATION SETTLEMENT -JOSEPH PEARSON
In October 1976, Mr. Joseph Pearson, an employee of the City of Miami
Beach Convention Center, injured his back while picking up an air
conditioning motor. Subsequently, the injury was diagnosed as a
herniated disc which led Mr. Pearson to undergo two laminectomys and
two facet rhizotomys. Despite these medical procedures, Mr. Pearson
alleges he feels worse now than after the accident. He alleges his legs
are much weaker now and therefore he is unable to remain standing or
walk for more than ten to fifteen minutes without having to sit down and
rest. In addition, it is alleged that the medication he has taken for the
pain has created abdominal problems.
At the present time, the medical costs in this case total $34,049.47. In
addition, the City of Miami Beach has paid $13,137.60 in Worker's
Compensation Benefits.
Risk Management Services, Inc. has determined and recommended that it
is in the best interest of the City to enter into a settlement in the sum
of $45,000.00 representing a final settlement of any and all past, present
and future compensation and medical benefits due him under the Worker's
Compensation Law. In addition, the attorney's fee on this settlement
would be $7,500.00.
ADMINISTRATION RECOMMENDATION:
It is recommended that the Mayor and City Commission adopt the
attached resolution authorizing the final settlement of the Worker's
Compensation case involving Mr. Joseph Pearson in the amount of
$45,000.00, plus an additional $7,500.00 for attorney's fees. Upon
successful closure of this case, the: City will no longer incur any financial
liability in this regard.
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Attachment
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