Resolution 80-16341 - t
RESOLUTION NO. 80-16341
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKER'S COMPENSATION CLAIM OF GERALD VANDERBERRY
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on October 19, 1977, one GERALD VANDERBERRY,
an employee of the City of Miami Beach, while chasing a suspect in-
jured his cervical area when he jumped off a 12 foot high cement
wall; and
WHEREAS, said employee underwent surgery for
an extruded cervical disc, and was given a 15% permanency rating of the
body; 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 $12,000 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 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.
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Attest:
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City Clerk
fURM APPROVED
ViA;� DEPT.
By L[:✓ r,
Date 7Il
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FLORIDA 3 3 1 3 9
(*:(400150:*: "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. 3k9
DATE: August 6, 1980
TO: Mayor Murray Meyerson and
e rs of theCipsCozZion
OW
FROM: rod . Toff--h
City Manager
SUBJECT: WORKER'S COMPENSATION CASE SETTLEMENT/
GERALD VANDERBERRY
Mr. Gerald Vanderberry has been employed by the City of Miami Beach as
a police officer for the past 10 years.
On October 19, 1977, while chasing a suspect, Claimant injured his
cervical area when he jumped off a 12' high cement wall . As a result
of this injury, the Claimant underwent surgery for an extruded cervical
disc. The Claimant received a good surgical result and was able to
continue his duties as a police officer. The Claimant has since been
given a 15% permanency rating of the body as a result of that injury.
A 15% permanency rating has a monetary value of $6,247.50.
The City of Miami Beach has already spent approximately $9,000 on this
file. After an analysis of this file was performed by Risk Management
Services, Inc. , we were informed that the potential exposure for these
injuries is approximately $25,000. Based on this information, the
Administration requested that a lump sum settlement be negotiated be-
tween the City and the Claimant. After a series of negotiations, a
$12,000 full settlement award was tentatively agreed to. In considera-
tion of this award the City would no longer be liable for any of the
injuries sustained to the Claimant.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission adopt the attached
resolution providing for the lump sum settlement of a worker's compen-
sation case in the amount of $12,000 for Mr. Gerald Vanderberry.
HTT:MMF:lb
Attachment
AGENDA .- G
ITEM
DATE U v
ORIGINAL .. .,� .. . .__,. ._..�.,..�. ..,._ .zs.. _�
RESOLUTION NO. 80-16341
(Authorizing settlement of Worker's
Compensation Claim: Gerald Vanderberry
v CMB)
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