HomeMy WebLinkAboutLegislationt" , 1'(
City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Fite Number: 07-00771 Fins! rdiem INite:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY THE SUM OF $77,858.41 TO CLAIMANTS
ATTORNEY, BARRY LERNER, ESQUIRE, FOR ATTORNEY'S FEES AND COSTS
IN SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI FOR CARIDAD FARINAS VS. CITY OF MIAMI, STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS, OFFICE OF THE JUDGE OF
COMPENSATION CLAIMS CASE NO.: 03-027341 CMH; 94-007075SMS;
92-005674SMS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000.
WHEREAS, Caridad Farinas, had various dates of accident in the course and scope of her
employment with the City of Miami, and filed claims for Workers' Compensation benefits against the
City of Miami with the Division of Administrative Hearings, Office of the Judge of Compensation
Claims, Case No.: 03-027341CMH; 94-007075SMS; 92-005674SMS, which claims have been
resolved by agreement and/or adjudication; and
WHEREAS, the Claimant's attorney, Barry Lerner, claims .entitlement to a reasonable
attorney's fee for obtaining Workers' Compensation benefits pursuant to Chapter 440, Florida
Statutes; and
WHEREAS, the Office of the City Attorney has investigated the claim for attorney's fees and
costs pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as
amended, and recommends that the claim be settled for the sum of $77,858.41;
NOW. THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI.
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay the sum of $77,858.41 to Claimant's
attorney, Barry Lerner, Esquire, for attorney's fees and costs in settlement of all claims and demands
against the City of Miami for Caridad Farinas vs. City Of Miami, State of Florida Division of
Administrative Hearings, Office of the Judge of Compensation Claims, Case No.: 03-027341CMH; 94-
007075SMS; 92-005674SMS; with funds allocated from the Self -Insurance and Insurance Trust Fund,
Index Code No. 05002.301001.524000.0000.00000
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1)
City of Miami Page 1 of 2 Printed On: 6/4/2007
File Number: 07-00771
APPROVED AS TO FORM AND CORRECTNESS:
JORGE FERNANDEZ .-7-7c—
CITY ATTORNEY
Footnotes:
{'I} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 6/4/2007