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HomeMy WebLinkAboutR-84-1369Al NP J-8411.02 RESOLUTION NO. A RESOLUTION\AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO DOUGLAS DAVIS'-THE SUM OF-$15,000 AND TO LEWIS F. COHENt HIS ATTORNEY, --THE SUM OF,$2,500 FOR STATUTORY ATTORNEY'S FEES AND COSTS, IN FULL AND COMPLETE SETTLEMENT OF ALL WORKERS' COMPENSATION CLAIMS OR DEMANDS AGAINST THE CITY OF MIAMI7UPON EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. WHEREAS, Douglas Davis, through his attorney, Lewis F. Cohen, filed a claim for workers' compensation benefits against the City of Miami, alleging bodily injury as the result of an accident which occurred on November 18, 1977, while in the course and scope of his employment as a waste collector; and WHEREAS, the above claim has been investigated in accordance with Ordinance No. 8417, which created the City of Miami, Self- insurance Program; and WHEREAS, the director of the Risk Management Division and the City attorney recommend the claim be settled by payment in the amount of $15,000 and by payment of statutory attorney fees and costs of $2,500; 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 Douglas Davis the sum of $15,000 and to Lewis F. Cohen, his attorney, the sum of $2,500, for statutory attorney's fees and costs, in full and complete settlement of all workers' compensation claims and demands against the City of Miami, upon the execution of a release releasing the City of Miami from all workers' compensation claims and demands. PASSED AND ADOPTED THIS 13th day of DECEMBER , 1984. AND APPROVED BY: CORRECTNESS: MAURICE A. FERRE MAYOR CITY COMMISSION MEETING OF DEC 18 04 RESOLUTION No. REMARKS. AIL CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorablj/fla or a Members of the itv C issinn/ FROM Lucia A. LVug City Attorney DATE November 6, 1984 FILE: SUBJECT. DougZas Davis V. City of Miami, State of Florida, Department of Labor & Emp. Security, Case No. REFERENCES.52-46-8814 - Request for Action ENCLOSURES. (1 ) Resolution It is recommended that the attached resolu- tion be passed by the City Commission, authorizing the Director of Finance to pay to Douglas Davis and his attorney, Lewis F. Cohen, the amounts of $15,000 and $2,500, respectively, for full and com- plete settlement of Mr. Davis' 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 November 18, 1977, when he was struck by a telephone pole and fractured both legs. As a result of this incident, Mr. Davis has sustained injuries, which have now been determined to be permanent in nature. It is the opinion of Mr. Davis' physician that he has a 26% permanent disability and that medical treatment will continue for an indefinite period. It has been determined that the matter can be settled for $15,000 plus statutory attorney's fees and costs of $2,500, which includes costs incurred. The claim has been investigated by the Risk Management Division and the City Attorney's Office. Both offices recommend entry of a settlement. LAD/JLF/ps 84--1.3b9