Resolution 78-15690 RESOLUTION NO. 78-15690
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN'S COMPENSATION CLAIM OF JAMES HARKINS
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, James Harkins, 46 years old, was employed as a
Police Officer by the City of Miami Beach on January 12, 1960, and
promoted to Sergeant of Police on March 8, 1969; On June 24 , 1977,
the Board of Trustees for the Pension Fund for Firemen and Police-
men retired him on a non-service connected disability; and
WHEREAS, on October 18, 1977, James Harkins filed a claim
for Workmen' s Compensation alleging psychotic damage arising from
his employment with the City; and
WHEREAS, the City Attorney has determined and recommended
that it is in the best interest of the City to enter into a settle-
ment; such settlement calls for the payment of the City to the
' former employee of the sum of $4, 000, and a reasonable attorney' s
fee to be $1, 000; and
WHEREAS, such settlement will enable the City to be dis-
charged from all further liability for both compensation and remedial
medical treatment, care and attendance under Section 440 . 20 (10) ,
Florida Statutes, and this settlement would not be subject to
modification or review under Section 440. 28, Florida Statutes; and
WHEREAS, said settlement would also include a provision
that all outstanding medical costs incurred by the Claimant which
have not been previously accepted and paid by the City would be the
responsibility of the Claimant out of the proceeds of this settle-
ment; and
WHEREAS, the City Commission deems it to be in the best
interests 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, FLORIDA, that the City Attorney be and he
is hereby authorized to enter into final settlement as approved by
a Judge of Industrial Claims, and the. Mayor, City Clerk, Finance
Director and the City Attorney be and they are hereby authorized
and directed to comply with the Order of the Judge approving said
stipulation.
PASSED and ADOPTED this 2nd day of August, 1978 .
I;e /
J'f
-1AG d4(-)
Mayor
Attest:
City Clerk
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
TO: Gavin O 'Brien, City Manager DATE: July 31, 1978
FROM: Joseph A. Wanick, City Attorney
SUBJECT: JAMES HARKINS vs. CITY OF MIAMI BEACH
Workmen' s Compensation Claim No. 211-22-8361
James Harkins, 4'6 years old, was employed as a Police Officer by
the City of Miami Beach on January 12, 1960 and promoted to Ser-
geant of Police on March 8, 1969. [On June 24, 1977, the Board of
Trustees for the Pension Fund for Firemen and Policemen retired
him on a non-service connected disability. ] On October 18 , 1977,
he filed a claim for workmen' s compensation alleging psychotic
damage arising from his employment. During the progress of this
claim, an offer of settlement was received for $4, 000 to the
claimant and a $1, 000 attorney' s fee. The claimant, on October 1,
. 1977 , was employed at an average weekly wage of $374 , entitling
him to a compensation rate of $119 per week if this claim was
established. Exposure to the City, if claimant was successful,
would 'be approximately $20, 000 if the Industrial Claims Judge
found a 50% loss of earning capacity. If total disability were
found, the City' s exposure would be in the neighborhood of $30, 000
plus an attorney' s fee.
In view of the possibility of protracted litigation and the uncer-
tainty of the outcome, I recommend that the offer of settlement be
accepted. Even if the City were successful in opposing this claim,
court costs and legal expenses would be substantial. This settle-
ment will enable the City to be discharged from all further lia-
bility for both compensation and remedial medical treatment, care
and attendance under Section 440. 20 (10) , Florida Statutes, and
this settlement would not be subject to modification or review
under Section 440. 28 , Florida Statutes. The settlement would also
include a provision that all outstanding medical costs incurred by
the claimant which have not been previously accepted and paid by
the City would be the responsibility of the claimant out of the
proceeds of this settlement.
JospiWc 'i4 JOSEPH . WANICK, Cityrney
JAW:tw
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
ORIGINAL
RESOLUTION NO. 78-15690
(Autborizing settlement of Workmen's
Compensation Claim--James Harkins vs CMB)