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Resolution 80-16340 RESOLUTION NO. 80-16340 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKER'S COMPENSATION CLAIM OF LOUISE MORLANG AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on January 6, 1972, one LOUISE MORLANG, an employee of the City of Miami Beach, slipped and fell suffering an injury to her left knee; and WHEREAS, said employee was diagnosed as having a fractured patella, and subsequently was placed in a cast for eight weeks. During this time period, Claimant developed pulmonary emboli. This emboli was from a deep vein, thrombophlebitis of the left calf. Claimant has a 10% permanency rating of the left lower extremity due to this injury; and WHEREAS, Risk Management Services, Inc. , has det- ermined 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 her under the Worker's Compensation Law, and no attorney fees; 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 hereby authorized and directed to comply with the Order of the Deputy Commissioner approving such stipulation. PASSED and ADOPTED this 6th day of August , 1980. \\JK- Ma, ,r Attest: City Clef FORM APPROVED LE .f� REPT. BY IU Date 7 �� eitet eiv wawa geelid FLORIDA 33139 * *', "VACATIONLAND U. S. A." OFFICE OF THE CITY MANAGER CITY HALL HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. g 3h DATE: August 6, 1980 TO: Mayor Murray Meyerson and e • rs of t City Commission FROM: . • . oal-- ' City Manager SUBJECT: WORKER'S COMPENSATION CASE SETTLEMENT/ LOUISE MORLANG BACKGROUND The City of Miami Beach has employed Mrs. Louise Morlang as a recreation supervisor the past fifteen years. On January 6, 1972, while working at the South Shore Community Center the Claimant slipped and fell on a freshly waxed floor. The most serious injury sustained by Claimant was to her left knee. The injury was de- termined as a fractured patella and as such Claimant was subsequently placed in a cast for eight weeks. During this period of time, the Claimant developed pulmonary emboli. This emboli was from a deep vein, thrombophlebitis of the left calf. The treating physician relates this condition to the patella fracture. This in turn has created further medical problems, including neuroma of the toes. Claimant received a 10% permanency rating of the left lower extremity due to this injury. A 10% rating has a monetary value of $1,120, which has already been paid to Claimant. On April 14, 1976 the Claimant injured her ribs when she fell against the edge of a piano at the Pier Park Bandshell. This was a "medically only" claim, but there is indication that her current problem with her left hand may have stemmed from this accident. Based on discussions with our Worker's Compensation representatives, Risk Management Services, Inc. , it would be desirous, from the City's stand- point, to include the April 14, 1976 accident with a settlement for the January 6, 1972 claim. The City has already spent approximately $15,000 on both of these claims. The case of January 6, 1972 has a potential exposure of $25,000. Claimant is not receiving any medical treatment at the present time, however, due to the potential exposure we have attempted to have both of these claims settled at one time by Risk Management. After a series of negotiations, a tentative settlement award in the amount of $5,000 was mutually agreed upon. In consideration of this settlement award the City would no longer have any liability in regard to either one of these claims. ADMINISTRATION RECOMMENDATION It is recommended that the Mayor and City Commission adopt the attached resolution for the purpose of settling the worker's compensation case for Mrs. Louise Morlang in the amount of $5,000. HTT:MMF:lb 9 AGENDA �! j Attachment ITEM DATE 8 6 -67o ORIGINAL RESOLUTION NO. 80-16340 (Authorizing settlement of Worker's Compensation Claim: Louise Morlang v CMB)