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Resolution 80-16297 RESOLUTION NO. 80-16297 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKER' S COMPENSATION CLAIM OF JON LAMP AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on September 15, 1977 , one JON LAMP , a former employee of the City of Miami Beach, suffered an injury as a result to an altercation . Due to this altercation, Claimant sustained a concussion and an auditory loss of hearing; and, WHEREAS, said former employee , was admitted to Mt . Sinai Hospital for headaches and dizziness with resulting psychiatric problems. Claimant underwent psychiatric care from October 20, 1977 through July, 1979; and, 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 former employee of the sum of $5, 000 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 S1 , 250; 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, 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 here- by authorized and directed to comply with the Order of the Deputy Commissioner approving such stipulation. PASSED and ADOPTED this 4th day of June , 1980. K_ Mayo Attest : '//j • City Clerk FORM APPROVED EGAL �Y otet maga � , FLORIDA 3 3 1 3 9 * INC. - "VA CA TIONLAND U. S. A." \k h• OFFICE OF THE CITY MANAGER CITY HALL HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 120_ DATE: June 4 , 1980 TO: Mayor Murray Meyerson and Members of the.City Commission FROM:: Hal-ol�d fi. oa City Manager SUBJECT: WORKER' S COMPENSATION CASE SETTLEMENT/ JON LAMP The City employed a Mr. Jon Lamp as a laborer in the Public Properties Department. On September 15, 1977, while employed by the City, the Claimant suffered an injury as a result to an altercation during working hours. Due to this altercation , the Claimant sustained a concussion and an auditory loss of hearing. The Claimant was admitted to Mt . Sinai Hospital for headaches and dizziness. In addition to the previously alluded injuries , the Claimant con- tended that he was in need of psychiatric care based on these injuries, and based on subsequent medical testimony he was placed under psychiatric care from October 20, 1977 to July 1979. Since that time, the Claimant ' s behavior has been somewhat irregular , to the point where it appeared that he may be awarded permanent total damages based on the psychiatric problems stemming from the job-related injury. The City has already spent $9, 862. 36 in medical costs , and $11, 326 in worker' s compensation costs , for a total of $21, 188. 36. Based on these facts, we attempted to settle this case with the assistance of Risk Management Services, Inc. After a series of negotiations, it was determined that this case can be settled in the amount of $5, 000, plus attorney' s fees of $1,250. ADMINISTRATION RECOMMENDATION It is recommended that the Mayor and City Commission approve the attached resolution authorizing the settlement of a worker ' s compensation case for Mr. Jon Lamp in the amount of $5, 000, plus an additional attorney fee of $1,250. In consideration of this settlement , the City will no longer be liable for any future medical or worker' s compensation costs related to this injury. HTT:MMF: lb AGENDA 1 ....ITEM DATE ORIGINAL • REIrtiJITION NO. 80-16297 (Workers Comp Claim Jon Lamp) __ l