Loading...
Resolution 8832 RESOLUTION NO . 8832 WHEREAS, MORRILL S. GUERIN, an employee of the Engineering Department of the City of Miami Beach, Florida was absent from work during the period November 16, 1954 to December 1 , 1954 because of the inability of the said employee to work as the result of a knee injury, and the City paid the said employee on an annual leave basis, under the Personnel Rules of the City of Miami Beach, Florida, at the rate of $17 .28 per week during the above mentioned two and one-third ( 2-1/3rd) week period, which was charged against his accumulated annual leave ; and WHEREAS, the Florida Industrial Commission, in Claim No . T-23691, ordered on November 30, 1954 that the said amployee be paid temporary total disability compensation for the above period and until the employee is able to return to work, the said compensation to be paid at the rate of $35.00 per week; and WHEREAS , the Florida Industrial Commission award found that the said injury was service-connected, and arose by accident in the course of employment; and WHEREAS, the Personnel Rules of the City of Miami Beach specifically exclude the granting of annual leave as the result of injury which is service-connected; and WHEREAS, the said employee therefore should have been paid for his absence during the period from November 16, 1954 to December 1 , 1954 inclusive, at the Workmen ' s Compensation rate of $35.00 per week, instead of the annual leave basis of $77.28 per week; and WHEREAS, as a result the employee has been overpaid $98 .65 during the aforementioned two and one-third week period; and WHEREAS, the employee, because of personal debts presently incurred, is unable to repay the City the sum overpaid and is desirous of continuing to receive the Workmen' s Compensation weekly payments of $35.00 per week instead of charging the sum overpaid to future payments of Workmen ' s Compensation which the City is obligated to pay to the employee during the temporary total disability of the employee ; and WHEREAS, the City Attorney has prepared an instrument which, when executed, will cancel the City ' s claim for repayment of the overpayment by canceling eight (8) days of the employee ' s accumulated annual leave, the City Council being familiar with the terms of said agreement; NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk be, and they are authorized and directed to ex- to said agreement in the name and in behalf of said City. PASSED and ADOPTED • day .. , ,uar A.D . 1955. j ' 1 1110 A � N / 244 - -- �, . Vic: ayor ATTEST : C. ' T mlinson, Ci y Clerk Deputy City Clem OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA 0 'H M 00 4-3 r-1 a z •i ami o H O cd O Hrl N o 11oo o C.) H Ra fS] 0) 4) v Q) •ri (1) •ri MO