Resolution 81-16662 RESOLUTION NO. 81-16662
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKERS' COMPENSATION CLAIM OF CURTIS BOLLING
AGAINST THE CITY OF MIAMI BEACH
WHEREAS, on March 21, 1974, one CURTIS BOLLING, an employee of the City
of Miami Beach Police Department, while responding to an audible alarm, was
proceeding along a flattop gravel roof when he stepped off the roof onto an awning
and plunged approximately 15 feet, landing on a patio chair. Claimant assumed,
since the awning was painted, that it was solid, however, the awning turned out to
be canvas. As a result of this fall, Claimant suffered injuries including a fracture
of the left elbow, chrondormalacia of the left knee, and entrapment of the ulnar
nerve in the left elbow. Claimant may have to have his knee cap surgically
removed in the future.
WHEREAS, on May 31, 1975, Claimant was in a Miami Beach police car re-
sponding to a call when he was involved in an automobile accident, this time
suffering a cerebral concusssion.
WHEREAS, on February 20, 1979, Claimant, while patrolling Lincoln Road,
stepped into a depression and fell. He suffered multiple contusions, abrasions and a
traumatic effusion of the left knee.
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 pro-
visions of F.S. 440.20 (10), as amended; such settlement calls for the payment by
the City to said employee of the sum of $11,500.00 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 $2,475.00;
and
WHEREAS, the Order of the Deputy Commission 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 Commission 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 Com-
missioner approving such stipulation.
PASSED and ADOPTED this 20th day of May, 1981.
%.\\N_:\K)
. . .r
Attest:
e; C 7)4/1 e tD7)7,-OvED
City Clerk
DI:av
iHaim
/lb C-71-By
Date
i l
etv weelme
.._..,-..,"%‘‘. FLORIDA 3 3 1 3 9
*
E "VA CA TIONLAND U. S. A."
H
OFFICE OF THE CITY MANAGER CITY HALL
HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO.
0120
DATE: May 20, 1981
TO: Mayor Murray Meyerson and
-- =rs of th C" Commission
•
FROM. • T a
City Manager
SUBJECT: WORKERS' COMPENSATION SETTLEMENT/CURTIS BOLLING
On March 21, 1974, the Claimant, Mr. Curtis Bolling, while in the employ of the
City of Miami Beach Police Department, responded to an audible alarm. He was
proceeding along a flattop gravel roof and stepped off the roof onto an awning.
The awning was painted and he assumed it was solid. As it turned out, the awning
wascanvas and Claimant plunged approximately 15 feet, landing on a patio chair.
Claimant suffered injuries including a fracture of the left elbow, chrondromalacia
of the left knee, and entrapment of the ulnar nerve in the left elbow. As a result
of this fall, Claimant may have to have his knee cap surgically removed in the
future. Mr. Bolling has received $7,732.00 in compensation payments and $4,397.00
in medical benefits as of March 16, 1981.
On May 31, 1975, Claimant was in a Miami Beach police car responding to a call
when he was involved in an automobile accident, this time suffering a cerebral
concussion. Claimant has received $1,548.00 in medical payments and $945.00 in
compensation payments for this accident.
On February 20, 1979, Claimant, while patrolling Lincoln Road, stepped into a
depression and fell. As a result of this fall, he suffered multiple contusions, abra-
sions and a traumatic effusion of the left knee. Claimant has received $481.45 in
medical payments and $520.00 in compensation payments.
Claimant's attorney, Mr. Harvey Abramson, evaluates the exposure to the City on
these three accidents as follows: estimating the cost of the suggested future
surgery at $20,000.00 and he believes Claimant will receive a rating of 50% of the
left leg and 15% of the back (a 50% rating of the left leg has a value of $8,000.00;
15% rating of the back has a value of $4,200.00).
Based upon the particulars of these files and the potential financial exposure to the
City, the Administration requested that Risk Management Services, Inc. attempt to
negotiate a lump sum settlement for the three files. After a series of negotiations,
a mutually acceptable settlement has been reached in the amount of $11,500.00,
plus an additional $2,475.00 in attorney fees. Upon successful closure of these
files, the City will bear no future liability.
Administration Recommendation
It is recommended that the Mayor and City Commission adopt the attached resolu-
tion authorizing the lump sum settlement to Claimant, Mr. Curtis Bolling, in the
amount of $11,500.00 and $2,475.00 for attorney fees. Furthermore, it is to be
understoodthat upon settlement of these files in said amount, the City would no
longer be liable for any future costs relating to these three accidents.
HTT:FDC:lb 1
Attachment
AGENDA a, 4.-/
ITEM
DATE
ORIGINAL
RESOLUTION NO. 81-16662
(Authorizing acceptance of Worker's
Compensation Claim: Curtis Bolling v.CMB)