Resolution 80-16383 RESOLUTION NO. 80-16383
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKER'S COMPENSATION CLAIM OF ROBERT NIEDER
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on January 21, 1977, one ROBERT NIEDER, an employee of
the City of Miami Beach was involved in a vehicular accident,
sustaining injuries to his right hand, right knee and both shoulders.
The diagnosis was cervical radiculitis. On September 16, 1977, the
Claimant was again involved in a vehicular accident, this time
sustaining injuries to his right wrist and left knee. The diagnosis
was a sprained wrist; and
WHEREAS, said employee's treating physician's final medical
report indicates a 15% rating to the body as a result of both
accidents; 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. 400.20 (10 ), as amended;
such settlement calls for the payment by the City to said
employee of the sum of $9,500.00 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
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 24th day of September , 1980
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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. gs-.6 6
DATE: spp*e*Na"r 24, 1980
TO: Mayor Murray Meyerson and
Mir ers of the City Commission
FROM: 4.1 0
�E- t. it- uc
City Manager
SUBJECT: WORKER'S COMPENSATION CASE SETTLEMENT / ROBERT NIEDER
Mr. Robert Nieder is currently employed by the City of Miami Beach as
a detective in the Police Department.
The Claimant was involved in a vehicular accident on January 21, 1977
in which he was struck by another vehicle and sustained injuries to
his right hand, right knee and both shoulders. The diagnosis was
cervical radiculitis.. The City has paid to date $559.75 for medical
care and $714.00 in temporary total benefits.
On September 16, 1977, the Claimant was again involved in another
vehicular accident in which the other driver failed to yield the
right-of-way and struck the Claimant's vehicle. The Claimant
sustained injury to his right wrist and left knee. The diagnosis was
a sprained right wrist. The City has paid to date on this injury,
the amount of $484.45 in medical care and $309.40 in temporary total
benefits.
The treating physician's final medical reports indicate a 15% rating
to the body as a result of both accidents. This rating has a
monetary value of $6,200.00
After review of this file by Risk Management Services, Inc. , it was
determined that it would be in the best interest of the City to
attempt to lump sum settle this file. The Administration authorized
Risk Management to negotiate with the Claimant. After a series of
negotiations, it was determined that the file could be settled in the
amount of $9,500.00 and that the City would bear no future liability
in either medical or compensation costs as they relate to either the
January 21st or September 16th accident.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission authorize the
lump sum worker's compensation settlement in the amount of $9,500.00
to Mr. Robert Nieder. Upon successful closure of this file the City
will no longer have any liability in this regard.
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Attachment
AGENDA Coe.... 11(.00 f;)
ITEM (/
DATE g - ozy— TO
ORIGINAL 141RESOLUTION NO. 80-16383
(Authorizing settlement of Workers'
Compensation Claim: Robert Nieder v CMB)
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