HomeMy WebLinkAboutR-22-0076City of Miami
tn�l6_OF
Fa. V Legislation
*tliti fill! IiRl 11 +*�
Resolution: R-22-0076
File Number: 11462
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/24/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING AN OFFER
TO SETTLE, WITHOUT ADMISSION OF LIABILITY, THE LUMP SUM
PAYMENT OF $60,892.57 AND OTHER CONSIDERATION TO SETTLE THE
CITY OF MIAMI'S CLAIMS AND DEMANDS FOR CONTRIBUTION UNDER
SECTION 440.42(4), FLORIDA STATUTES, AGAINST THE CITY OF WEST
MIAMI AND MIAMI-DADE COUNTY, THEIR OFFICERS, AGENTS, AND
EMPLOYEES IN THE CASE STYLED CARLOS AVILA V. MIAMI-DADE
COUNTY, ET AL., CASE NO. 21-011490WJH, PENDING IN THE DIVISION OF
ADMINISTRATIVE HEARINGS, OFFICE OF THE JUDGE OF COMPENSATION
CLAIMS, CASE NO. 21-011490WJH; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL
IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES
STATED HEREIN.
WHEREAS, on February 23, 2005, Carlos Avila ("Avila") suffered an occupational
disease covered by the presumption found in Section 112.18(1), Florida Statutes, for which the
City of Miami ("City") provided and continues to provide workers' compensation benefits; and
WHEREAS, Avila subsequently terminated his employment with the City and became
employed by the City of West Miami ("West Miami"); and
WHEREAS, while employed with West Miami, Avila suffered another occupational
disease event on January 20, 2021, which West Miami's and Miami -Dade County's ("County")
workers' compensation carrier accepted as compensable; and
WHEREAS, the City paid workers compensation benefits following the January 20, 2021
occupational disease event which were directly attributable to the subsequent and separate
occupational disease which occurred during Avila's West Miami employment; and
WHEREAS, on August 11, 2021, the City filed a Motion for Reimbursement and
Contribution against West Miami and the County pursuant to Section 440.42(4), Florida
Statutes, in the case styled Carlos Avila v. Miami -Dade County, et al. pending before the
Division of Administrative Hearings, Office of the Judge of Compensation Claims ("OJCC"),
Case No. 21-011490WJH; and
WHEREAS, West Miami and the County have offered to resolve the City's claims by
paying the City a lump sum payment in the amount of $60,892.57, representing all payments
made by the City to date;
WHEREAS, West Miami and the County have also agreed to pay future medications
previously paid by the City which are now attributable to the event of January 20, 2021 when
Avila was employed with West Miami; and
City of Miami Page 1 of 2 File ID: 11462 (Revision:) Printed On: 3/7/2022
File ID: 11462
Enactment Number: R-22-0076
WHEREAS, the Office of the City Attorney has investigated this claim and lawsuit and
recommends that said claim and lawsuit be settled for the terms summarized above;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized' to accept an offer to settle, without
admission of liability, the lump sum payment of $60,892.57 and other consideration in
settlement of the City's claims and demands for contribution under Section 440.42(4), Florida
Statutes, against West Miami and the County, their officers, agents, and employees in the case
styled Carlos Avila v. Miami -Dade County, et al., Case No. 21-011490WJH, pending before the
OJCC, Case No. 21-011490WJH.
Section 3. The City Manager is further authorized to negotiate and execute any and all
documents necessary, all in forms acceptable to the City Attorney, for the purposes stated
herein.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
'Af T_, r,�
i t6ria i ndez, Cify Attor iey 2/14/2022
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
2 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 2 File ID: 11462 (Revision:) Printed on: 3/7/2022