HomeMy WebLinkAboutR-83-0121-AJ-83-60
RESOLUTION NO. F i-- ; ,-- 9 _ (.4
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO JOSEFA FERNANDEZ THE SUM OF
$12,000 AND TO STUART ABRAMSON, HER ATTORNEY,
THE SUM OF $3,000 FOR STATUTORY ATTORNEY FEES
AND COSTS, IN FULL AND COMPLETE SETTLEMENT OF
ALL WORKERS' COMPENSATION CI.,AIMS OR DEMANDS
AGAINST THE; CITY OF MIAMI UPON EXECUTION OF A
RELEASE RELEASING THE CITY OF MIAMI FROM ALL
CLAIMS AND DEMANDS.
WHEREAS, Josefa Fernandez, through her attorney, Stuart
Abramson, filed a claim for workers' compensation benefits
against the City of Miami, alleging bodily injury as the result
of an accident which occurred on March 21, 1979, while in the
course and scope of her employment as a clerical report writer;
and
WHEREAS, the above claim has been investigated by the City
Attorney's Office and the Risk Management Division in accordance
with Ordinance No. 8417, which created the City of Miami
Self -Insurance Program; and
WHEREAS, the director of Risk Management and the city
attorney recommend the claim be settled by payment in the amount
of $12,000 and by payment of statutory attorney fees and costs of
$3,000;
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 Josefa Fernandez the sum of $12,000 and to Stuart
Abramson, her attorney, the sum of $3,000 for statutory attorney
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 39tL day of webruagy , 1983.
ATTEST:
ity erk
Maurice A. Ferre
MAURICE A. FERRE, Mayor
CITY CO MVIISSION
14EETING OF
FEB 10 1983
RESOLUTION NO ., :r.
RELiRra...
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PRIARED AND APPROVED BY:
A _.
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JO GE I1: FERN DEZ
As istant Cit Attorney
APPROVED AS TO FORM AN CORRECTNESS:
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO The Honorable Mayor Maurice A.
Ferre and Members of the City
Commission
FROM Jose R. Garcia -Pedrosa
City Attorney
DATE January 28, 1983ILE
SUBJECT Josefa Fernandez v. City of
Miami, State of Florida
Dept. Labor & Emp. Security
Case No. 463-08-6187
REFERENCES: D/A: March 21, 1979
ENCLOSURES:
IT IS OMMENDED THAT THE ATTACHED
RESOLUTIONVC
PASSED BY THE CITY COMMISSION,
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
JOSEFA FERNANDEZ AND HER ATTORNEY, STUART
ABRAMSON, THE AMOUNT OF $12,000 AND $3,000,
RESPECTIVELY, FOR FULL AND COMPLETE SETTLE-
MENT OF MS. FERNANDEZ'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 March 21, 1979, when Ms. Fernandez, a
clerical employee in the Police Department, tripped over a
typewriter cord and sustained multiple injuries. The most
serious injury appeared to be that of a fracture to her left
forearm, the treatment of which eventually required surgery and
extensive rehabilitation through physical therapy. She also
sustained injuries to her low back and right knee for which she
is still undergoing treatment. Ms. Fernandez has suffered
medical expense in excess of $22,000 and has received in excess
of $15,000 in workers' compensation benefits. Her treating
physicians have indicated that she has a 10 per cent permanent
partial disability of the body as a whole and a 15 per cent
permanent partial disability of her left hand as a result of the
accident.
Ms. Fernandez's physician indicates there is possible
degeneration of her right knee and that it should not be
unexpected that she will have flare-ups of her back problem from
time -to -time, which will require future medical treatment. All
medical expenses and other items of damage have been verified.
It has been determined that this matter can be settled for
$12,000 plus statutory attorney's fees of $30000, which includes
costs incurred. This claim has been investigated by the Risk
Management Division of the Finance Department and the City
Attorney's Office. Both offices recommend settlement.
JGP/JLF/wpc/002