Resolution 80-16229 RESOLUTION NO. 80-16229
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKER'S COMPENSATION CLAIM OF ALVARO DOS SANTOS
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on October 19, 1976 , one ALVARO DOS SANTOS,
an employee of the City of Miami Beach, suffered injuries to
his back while mowing grass and has suffered further injury to
his back on October 17 , 1977 , while lifting trash and April 12 ,
1978, when he fell through a hole in the floor; and
WHEREAS, said employee, as a result of these injuries ,
had to undergo back surgery and has been given a permanent dis-
ability rating of 20% of the body and is suffering from emotional
problems which further complicate the medical prognosis and it has
been medically recommended that he find some type of employment
that does not involve lifting or bending; and
WHEREAS, Risk Management Services, Inc. , and the City
Manager have determined and recommended that it is in the best
interest of the City to enter into a settlement under the provisions
of Florida Statute 440 . 20 (10) , as amended; such settlement calls
for the payment by the City to said employee of the sum of $17 ,729 . 75 ,
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 to be $5 , 141. 75 ;
and
WHEREAS, the Order of the Deputy Commissioner 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, FLORIDA, 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 Commissioner
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 19th day of March , 1980 .
., Mayor
Attest:
(SEAL)
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City Clerk
ABG/rr
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
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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. 8108
DATE: March 19, 1980
TO: Mayor Murray.Meyerson and
Members of the City Commission .
FROM: Harold T. Toal
City Manager
SUBJECT: WORKER' S COMPENSATION SETTLEMENT / ALVARO DOS SANTOS
Mr. Alvaro Dos Santos was hired by the City of Miami Beach as
a Park Attendant in June, 1975. On October 19, 1976 while mow-
ing the grass for the City claimant strained his back. On
October 17, 1977 while lifting trash the claimant hurt his back
again. This was also during the course of his employment. On
April 12, 1978 while working in the City nursery the claimant' s
foot went through a hole in the floor and his back was injured
again.
As a result of these injuries, claimant had to undergo back sur-
gery, and was given a permanency rating of 20% of the body. In
addition, it was medically recommended that he find some cther
type of employment that did not involve lifting or bending.
There are also emotional problems which further complicate the
medical prognosis.
Pursuant to the worker' s compensation rating schedule, a 20% rating
has a monetary value of $7, 744.80. The City has already spent over
$17, 000 on these files for medical related costs. The original
settlement demanded by the claimant' s attorney was for $100,000.
The file was reviewed on behalf of the Cita; by the law firm of
Miller and Hodges, (the attorneys for Risk Management Services, Inc. )
who evaluated the settlement at $30, 000 to $35, 000.
Through a series of negotiations and discussions, we have reached a
tentative settlement with the claimant' s attorney, wherein the
claimant will receive $19, 500 gross. However, since the City had
already accepted the previously mentioned 20% rating, and paid
$1, 770.2 5, the net amount due claimant for a lump sum settlement
would be $17, 729. 75. In addition, there shall be attorneys fees
amounting, to $5, 141.75.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission authorize the
Administration to settle this case in the amount of $17, 729.75,
plus an additional $ 5, 141. 7.5 for attorneys fees. In consideration of
this settlement the City will no longer have any liability in this
matter.
HTT:M.MF:ib
AGENDA C-4-D
ITEM
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3-19-80
ORIGINAL141
RESOLUTION NO. 80-16229
(Authorizing settlement of Worker's
Compensation Claim: Alvaro Dos Santos
vs. CMB)
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