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HomeMy WebLinkAboutR-82-0839RESOLUTION NO. - 8 3 9 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO EDUARDO GARRIDO THE SUM OF $35,000 AND TO PETER S. SCHWEDOCK, HIS ATTORNEY, THE SUM OF $9,500 FOR STATUTORY ATTORNEY FEES AND COSTS, IN FULL AND COMPLETE SETTLEMENT OF ALL WORKERS' COMPENSATION CLAIMS OR DEMANDS AGAINST THE CITY OF MIAMI UPON EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. WHEREAS, Eduardo Garrido, through his attorney, Peter S. Schwedock, filed a claim for worker's compensation benefits against the City of Miami, alleging bodily injury as the result of an accident which oc- curred on January 24, 1977, while in the course and scope of his employment as a police officer; 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 $35,000 and by payment of statutory attorney fees and costs of $9,500; 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 Eduardo Garrido the sum of $35,000 and to Peter S. Schwedock, his attorney, the sum of $9,500, 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 9TH day of SEPTEMBER , 1982. MAURICE A. FERRE M A Y O R KPH . ONGIE, City Cler PREPARED AND APPROVED BY: JOSEPH HACKNEY, JR.,� Asst: City Atty APPRO ED AS TO FORM AND CORRECTNESS: i oe�r J R. GARCIA-PEDROSA, City Attorney CITY COMMISSION MEETING OF S E P 9 1982 RUGU i N No..... R 2 R 1.9 si FROM ft CITY OF M'AMI. FLORIDA INTER -OFFICE MEMORANDUM Howard V. Gary City Manager Carlos E. Garcia Director Department of Finance PATF August 30, 1982 Fit.F Eduardo Carric .q o. Citt1 of - t'iami, State of Florida, Department of Labor & Emp. Secur- ity, Case No.: 267-94-3211 RF'FEREN"ES Request for City Commission 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 Eduardo Garrido and his attorney, Peter S. Schwedock, the amounts of $35,000 and $9,500, respectively, for full and complete settlement of Mr. Garrido's workers' com- pensation claim against the city; such sums to be paid from the city's self-insurance fund. The above -captioned claim arose from a workers' compen- sation accident, which occurred on January 24, 1977, when an assailant struck Eduardo Garrido, a Miami police officer, in the head, rendering him unconscious. As a result of this incident, Mr. Garrido has sustained neurological injuries, which have now been determined to be permanent in nature. Fie subse- quently developed psychiatric problems, which - in the opinion of his physicians - are causally related to the injury and its sequel. It is the opinion of Officer Garrido's physicians that his disability is permanent, and medical treatment will continue for an indefinite period. It has been determined that the matter can be settled for $35,000 plus statutory attorney fees and costs of $9,500, 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. CG/JH/cs $2-939