HomeMy WebLinkAboutR-81-1053;t
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RESOLUTION No.* 10 5 3
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY TO BILLY PRITCHETT THE SUM OF SEVENTEEN
THOUSAND DOLLARS ($17,000) PLUS THREE THOUSAND
THREE HUNDRED DOLLARS ($3,300), AS ATTORNEY FEES
AND COSTSi IN PULL AND COMPLETE SETTLEMENT OF ALL
WORKERS* COMPENSATION CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, UPON EXECUTION OF A RELEASED
RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND
DEMANDS, PURSUANT TO THE PROVISIONS OF CHAPTER 440,
FLORIDA STATUTES,
WHEREAS, BILLY PRITCHETT, through his attorney, Howard Pelzner,
filed a claim against the City of Miami, alleging bodily injury
and workers' compensation benefits, as a result of an accident,
which occurred on May 30, 1977, at or near Southeast Fifth Street
and Sixth Avenue, Miami, Florida, while in the course and scope
of his employment as a Waste Collector; 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 Risk Manager and the City Attorney recommend
this claim be settled for the sum of Seventeen Thousand Dollars
($17,000) plus Three Thousand Three Hundred Dollars ($3,300), as
attorney fees and costs;.
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 BILLY PRITCHETT the sum of Seventeen Thousand Dollars
($17,000) plus Three Thousand Three Hundred Dollars ($3,300), as
attorney fees and costs, in full and complete settlement of bodily
injury and 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,
pursuant to the provisions of Chapter 440, Florida Statutes.
PASSED AND ADOPTED this 10 day of DECEMBER
MAURICE A. FERRE
M A Y 0 R
ATTEST;
RALPH G. ONGIE, CITY CLERK
, 1981.
CITY COMMISSION
MEETING OF
OEC 10 1981
10
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MPAM AND APPROVED BY:
J EPHA. H KNEY
SSISTANT ITY TTORNEY",
APPROVED AS TO FORM AND CORRECTNESS:
x�� 'a.4ple4loe
GEORGE F. KNOX, JR.
CITY ATTORNEY
a � r
CITY OF MIAMI. FI_t:.RIDA
INTER -OFFICE MENIORAMDUM
ro: Howard V. Gary
City Manager
Cut -
FROM arlos Garcia
Acting Director
Finance Department
I.ATF November 24, 1581 rILE.
Hiliv,Pritchett v. City_of.,__Miami,
State of Florida Dept. of Labor
& Hmployment Security Case No-!
254-64=6313
Request for City Commission Action:
ENCLOSURES-
(1) Resolution
It is recommended that the attached
resolution be passed by the City Commis-
sion, authorizing the director of Fi-
nance to pay to Billy Pritchett and his
attorney, Howard Pelzner, the amounts
of $17,000 and $3,300, respectively,
for full and complete settlement of
Mr. Pritchett's workers' compensation
claim against the city; such sums to
be paid from the city self-insurance
fund.
The above -captioned claim arose from a workers' compensation
accident, which occurred when Billy Pritchett fell on May 30, 1977,
injuring his leg and knee, while in the course and scope of employment.
As a result of the accident, Billy Pritchett has suffered medi-
cal expenses in excess of $9,000. He has undergone a left medial meni-
scectomy and is suffering from additional severe degenerative changes
of the left knee joint.
It is the opinion of the authorized treating physician, Joel Kallan,
that in the future Billy Pritchett will need a total knee reconstruc-
tion. At current costs, this would be approximately $15,000. Mr.
Pritchett has also been examined by and/or received medical treatment
from Drs. G. H. White, Sigmund J. Rosen, Steven P. Nadler, Carl Balli,
Agustin Toruno, and William Corwin, as well as by the North Shore Hos-
pital. In addition, Billy Pritchett has suffered 30 per cent permanent
partial disability, which may increase in the future, depending upon
the course of surgery. All medical expenses and other items of damage
have been verified.
It has been determined that the matter can be settled for $17,000
plus statutory attorney fees of $3,300, which includes costs incurred.
This claim has been investigated by Risk Management and the City Attor-
ney's Office. Both offices recommend settlement.
CG/DD/JH/cs
►81-1053