HomeMy WebLinkAboutR-85-1032J-85-963
RESOLUTION NO.SS ^ 1-0 3A"
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO RICARDO ATANAY AND HIS
ATTORNEY STUART F. SUSKIN THE SUM OF
$6,575.30 FOR COMPENSATION, STATUTORY
ATTORNEYS FEES AND COSTS, IN ADDITION TO
A SUM NOT TO EXCEED $49000.00 FOR
MEDICAL BILLS, IN FULL AND COMPLETE
SETTLEMENT OF THIS WORKERS' COMPENSATION
CLAIM AND DEMAND AGAINST THE CITY OF
MIAMI BY RICARDO ATANAY, UPON EXECUTION
AND COURT APPROVAL OF A STIPULATION AND
JOINT PETITION AND COMPLETE RELEASE AND
DISCHARGE OF THE CITY OF MIAMI FROM THIS
WORKERS' COMPENSATION CLAIM AND DEMAND
UNDER FLORIDA STATUTUES 440.20 (12)(b).
WHEREAS, Ricardo Atanay, by and through his attorney, Stuart
F. Susk in, filed a claim for workers'-ompen:zation benefits
against the City of Miami, as a result of an ac.,ident which
oc(,urred on June 29, 1984 while in the course and scope of his
employment as a laborer in the City of Miami Solid Waste
Department; and
WHEREAS, the above claim has been investigated in accordance
with Ordinance No. 6417, wnich created the City of Miami Self -
Insurance Program; and
WHEREAS, the Director of the Risk Management Division, and the
City Attorney recommend that the instant claim be settled by
payment in the amount of $6,575.30, and by payment of medical
bills whose cost shall not exceed the sum of $4,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized to
pay to Ricardo Atanay and his attorney Stuart F. Suskin the sum of
$6,575.30, representing compensation: payments, statutory attorneys
fees and costs, and additionally to pay medical bills to the
health and medical care providers who provided medical treatment,
services and hospitalizations relative to Mr. Atanay's hernia
repair surgery on November 15, 1984, in a sum not to exceed
$4,000.00, in full and complete settlement of this workers'
compensation claim and demand against the City of iami. upon the
CITY COMMISSION
MEETING OF
OCT ,ig..19 32
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exerution and court approval of a stipulation and joint petition,
and complete release and discharge under Florida Statutes 440.20
(12) (b) , whirh shall be a relase releasing the City of Miami from -
this workers` compensation claim and demand inoludin,g without
limitation both compensation and remedial treatment, rare and
attendance, as well as rehabilitation expenses.
PASSED AND ADOPTED THIS 10th day of OCTOBER 1985,
MAURICE A. FERRE
MAYOR
i ATTEST:
i
t
M/ATTY HIRAI, City Clerk
PREPARED AND APPROVED BY:
RAFAEL SUAREZ-RIVAS, Asst. City Attorney
APPROVE,'AS TCYFORM AND CORRECTNESS:
LUCIA A. DOU�vXERTY, City Attorney
8�-1032
CITY OF MIAMI. FI.ORIOA
INTER -OFFICE MEMORANDUM
TO. Honorable�M/omfj4and Members DATF: September 20, 1985 FILE:
of the Cit rC;4ission
2
SUBJECT:
Ricardo Atanay v. City of Miami
Case No: 263-94-2307
FROM: REFERENCES:
A. Doughbrty REFERENCES:
City Attorney Request for City Commission Action
ENCLOSURES:
(1) Resolution
It is recommended that the attached resolution be passed by the
City Commission, authorizing the Director of Finance to pay to
Ricardo Atanay and his attorney, Stuart F. Suskin, the sum of
$6,575.30 for compensation, statutory attorneys fees, and costs
and an additional sum not to exceed $4,000.00, for medical bills
in full and complete settlement of Mr. Atanay's workers' compensation
claim against the City; such sums to be paid from the City's Self-
; Insurance Fund.
The above -captioned claim arose from a workers' compensation
accident, which occurred on June 29, 1984. When lifting a heavy
can, Mr. Atanay felt a sharp pain and sustained a hernia,while in
the employment of the City of Miami Solid Waste Department. The
hernia which was subsequently repaired on November 15, 1984, in
the opinion of his physicians, temporarily and totally impaired
him from performing any employment from the date of his injury up
to and until February 7, 1985, when heneturned to work after
recovering from the hernia operation.
It has been determined that this matter can be settled for
payment of $6,575.30, which includes payments for compensation,
attorneys fees and costs, and additionally by payment of a sum
not to exceed $4,000.00 for medical bills incurred as a result
of Mr. Atanay's hospitalization and the surgical repair of his
hernia. The claim has been investigated by both the Risk Manage-
ment Division and the City Attorney's Office. Both offices
recommend the entry and the approval of a settlement.
LAD:RSR:tb
cc: City Manager
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