Resolution 80-16385 RESOLUTION NO. 80-16385
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKER'S COMPENSATION CLAIM OF ROSCOE GIBSON
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on August 22, 1978, one ROSCOE GIBSON, a former
employee of the City of Miami Beach, was sitting on the front engine
area while the tractor was being driven by a co-employee, the tractor
hit a hole throwing the Claimant through the air and part of the
tractor ran over him; and
WHEREAS, said former employee suffered fractures of the ribs 5,
6 and 7 on the right side and 1 through 8 on the left side, a
detached portion of the clavicle on the left side, multiple liver
lacerations and removal of the spleen. After review of this file by
Risk Management Services, Inc. , it was determined that a rating of
15% of the body is appropriate; 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 former
employee of the sum of $6,615.00 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 a
reasonable attorney's fee of $1,240.31, 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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FORM APPROVED
LEGAL DEPT.
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"VACATIONLAND U. S. A."
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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. gr/77
DATE: September 24, 1980
TO: Mayor Murray Meyerson and
Mia' 4Ors of the City Commission
FROM: arb d T. oa�
City Manager
SUBJECT: WORKER'S COMPENSATION CASE SETTLEMENT / ROSCOE GIBSON
On August 22, 1978 Mr. Roscoe Gibson was employed by the City of
Miami Beach as a golf attendant at the Bayshore Golf Course.
On same date, Mr. Gibson was sitting on the front engine area of a
City tractor while it was being driven by a co-employee. The tractor
hit a hole, throwing the employee through the air and part of the
tractor ran over him causing very serious internal injuries. Among
the injuries Mr. Gibson suffered were fractures of ribs 5, 6 and 7
on the right side, and ribs 1 through 8 on the left side, a detached
portion of the clavicle on the left side, multiple liver lacerations
and removal of the spleen.
As a result of this accident, the City of Miami Beach expended some
$35, 139.60 on medical and $3, 150.00 in compensation costs.
As of yet, Claimant has not received a permanency rating. However,
after a careful review of this file by the City's Worker's
Compensation agents it was felt that a rating of 15% of the body
would not be unreasonable due to the extensiveness of the injuries.
A 15% rating has a monetary value of $6,615.00
Based on the aforementioned facts, the Administration sought to close
out this file due to the potential financial exposure that the City
could incur. After a series of negotiations it was tentatively,
mutually agreed upon that the file could be settled in the amount of
$6,615.00 plus an additional $1,240.31 for attorney fees. Upon
closure of this file the City would no longer be held liable for any
costs related to these injuries.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission authorize the
lump sum worker's compensation settlement to Mr. Roscoe Gibson in the
amount of $6,615.00, and an additional $1,240.31 for attorney fees.
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Attachment
AGENDA
ITEM
DATE 9 g [ -
ORIGINAL 1411RESOLUTION NO. 80-16385
(Authorizing settlement of Workers'
Compensation Claim: Rosecoe Gibson v CMB)
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