Resolution 80-16500 RESOLUTION NO . 80-16500
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKERS ' COMPENSATION CLAIM OF MARSHALL GARBER
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS , on September 29 , 1977 , one MARSHALL GARBER, a former
employee of the City of Miami Beach was involved in a motorcycle ac-
cident when he swerved to avoid striking a group of juveniles ; and
WHEREAS , said former employee sustained injuries to the left leg,
right ankle , nerves , right ear and other parts of his body; and
WHEREAS , the preliminary diagnosis revealed that Claimant has
multiple fractures , including a fracture of the proximal fibula , spi-
ral fracture of the mid-shaft of the tibia and a fracture of the dis-
tal tibia. Further complications include the degenerative osteo-
arthritis LS spine and continued ringing of the right ear . Claimant
has received a 35% disability rating of the body; and
WHEREAS , Risk Management Services , Inc . has determined and recom-
mended 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 $42 , 809 . 80 representing a final settlement of any and
all past , present and future compensation and medical benefits due him
under the Workers ' Compensation law, and a reasonable attorney' s fee
of $5, 088 .38 ; 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 herein-
above 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 di-
rected to comply with the Order of the Deputy Commissioner approving
such stipulation.
PASSED and ADOPTED this 17th day of December , 1980
or
Attest:
City lerk
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FORM r
G L` DEPT.
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By
Date
04 vie.. eata
- _
E•• 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. 8434 C7
DATE: December 17. 1980
TO: Mayor Murray Meyerson and
M b rs of t Citk,*ommission
FROM: roll T. Toa
City Manager
SUBJECT: WORKERS' COMPENSATION SETTLEMENT/MARSHALL GARBER
The Claimant , Mr. Marshall Garber was employed by the City as
a Police Officer.
On September 29 , 1977 , during his employment , Claimant sus-
tained multiple injuries when he was involved in a motorcycle
accident . Specifically, the Claimant was driving his motor-
cycle when he had to swerve to avoid striking a group of
juveniles , resulting in Claimant being thrown off of the
motorcycle. As a result of this accident , Claimant sustained
multiple injuries to the left leg, right ankle , nerves , right
ear and other parts of his body. Preliminary diagnosis re-
vealed that Claimant had multiple fractures , including a
fracture of the proximal fibula, spiral fracture of the mid-
shaft of the tibia, and a fracture of the distal and the
tibia. Further complications of this accident include the
degenerative osteoarthritis LS spine and continued ringing in
the right ear.
Since the date of the accident, the City has made payments in
temporary total benefits of $18,421 .20, and $7,392.51 in med-
ical benefits , for a total of $25,813 .71 . At this rate ,
costs will continue to mount and escalate in the foreseeable
future. In addition, Claimant has recently received a 35%
disability rating of the body as a whole from Dr. Turbin.
This has a monetary value of approximately $14,577.50;
$452.70 of that amount has been paid. Furthermore , Claimant
is now on disabililty retirement and his attorney is claiming
he is permanently totally disabled. Medical reports from Dr.
Sherwood, Dr. Turbin and Dr. Unger suggest similar prognosis
for Claimant .
Based on this information, and the fact that costs are con-
tinuing to mount in this matter, the Administration sought to
settle this file. Risk Management Services , Inc . was asked
to review the file and recommend a suitable closure amount .
After a series of negotiations , it was tentatively agreed to
that this case could be settled in the amount of $42,809.80,
plus an additional $5 ,088.38 for attorney fees . Upon suc-
cessful closure of this case the City will no longer be fi-
nancially liable for any ensuing costs related to this ac-
cident .
114
AGENDA C . (�i " E
ITEM
DATE 1g.-
COMMISSION MEMORANDUM NO. gl,(47
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission adopt
the attached resolution authorizing a Workers ' Compensation
settlement in the amount of $42,809.80 for the Claimant , Mr.
Marshall Garber, and an additional $5,088.38 for attorney
fees . Upon settlement of this case, there will be no further
financial exposure to the City of Miami Beach.
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Attachments
1(5
ORIGINAL
RESOLUTION NO. 80-16500
(Authorizing settlement of Worker's Compen-
sation Claim; Marshall Garber v. CMB)
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