Resolution 80-16318 RESOLUTION NO. 80-16318
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKER' S COMPENSATION CLAIM OF ALICE GREEN
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on November 16, 1977, one ALICE GREEN, a
former employee of the City of Miami Beach, fell and suffered
a cervical strain and sprain ; and
WHEREAS, said former employee was diagnosed as
having a discogenic disease at C 5-6 and C 6-7. As a result
of this injury, Mrs. Green suffered mental anguish and depression
due to the fact that she is no longer able to be gainfully
employed; 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
$10, 000 representing a final settlement of any and all past ,
present and future compensation and medical benefits due her
under the Worker' s Compensation Law, and a reasonable attorney ' s
fee of $3, 572. 49; 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 stip-
ulation
tip-
ulation 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 hereby authorized and directed to comply with the
Order of the Deputy Commissioner approving such stipulation.
PASSED and ADOPTED this 18th day of June , 1980
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Mayo ,
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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.
8011-3
DATE: June 18, 1980
TO: Mayor Murray Meyerson and
M miners of the,,ci ty Com ission
FROM: a !d . T al
\'s'Y) ,
City Manager
SUBJECT: WORKER' S COMPENSATION CASE SETTLEMENT/
ALICE GREEN
Mrs. Alice Green was employed by the City of Miami Beach,
Tourist Development Authority as a convention assistant .
On November 16, 1977 , while in the course of her employ-
ment , she fell and suffered a cervical strain and sprain ,
subsequently diagnosed as a discogenic disease at C 5-6
and C 6-7. As a result of this injury, the Claimant also
suffered mental anguish and depression due to the fact
that she is no longer able to be gainfully employed.
After a series of medical examinations, the Claimant has
been classified as temporarily totally disabled. To date,
the City has paid $5, 216. 61 in temporary benefits . In
addition, the City has paid $3,600 in medical costs, for
a total of $8 , 816. 61. The treating physician estimates
the cost of future medical to be at least $1, 000 per year.
This amount would be in addition to any worker' s compen-
sation benefits that are deemed appropriate.
Based on the above-mentioned information , the Administration
sought to negotiate a washout settlement with the assistance
of Risk Management Services, Inc . After a series of meet-
ings, they tentatively mutually agreed upon a figure of
$10, 000. In consideration of this settlement the City would
no longer be held liable for any costs incurred as a result
of this injury.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission adopt
the attached resolution authorizing the settlement of a
worker' s compensation case involving Mrs. Alice Green in
the amount of $10 , 000, and an additional $3, 572 . 49 for
attorney fees.
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AGENDA e I./ - ///
ITEM
DATE 6 - ( 6 - Ko
ORIGINAL
RESOLUTION NO, 80-16318
(Settlemen Worker's Comp claim
Alice Green)