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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez, City Attorney ,j a DATE: February 24, 2022 RE: Proposed Settlement for City Commission Meeting — February 24, 2022 Carlos Avila v. City of Miami, et al., pending in the Division of Administrative Hearings, Office of the Judge of Compensation Claims Case No. 21-011490WJH File ID No. 11462 The attached proposed Resolution seeks authorization for settlement of all contribution claims pursuant to Section 440.42(4), Florida Statutes, asserted by the City of Miami against the City of West Miami and Miami -Dade County in the workers' compensation claim of Carlos Avila, a former City of Miami Police Officer currently serving as Police Chief of City of West Miami, regarding a date of accident of January 20, 2021 providing that the City of West Miami and Miami -Dade County shall reimburse the City of Miami $60,892.57 as well agree to additional consideration including, but not limited to, payment of medications previously authorized by the City of Miami under an open workers' compensation occupational disease claim with the City of Miami covered by the presumption found in Section 112.18(1), Florida Statutes, for a date of accident of February 23, 2005 in full reimbursement of payments made by the City of Miami which were directly attributable to Mr. Avila's separate and subsequent January 20, 2021 occupational disease claim with the City of West Miami and Miami -Dade County. The Office of the City Attorney has investigated and evaluated this case and has approved the recommendation of this settlement. Attachment(s) cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator VM/BLM/WAJ yt@f t .k f, City of Miami t� r Legislation Resolution Enactment Number: 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 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 i ria i "ndez, Cify Attor iey 2/14/2022 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. ' 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.