HomeMy WebLinkAboutCity of Tamarac Resolution R-97-291Temp. Reso. # 8070 1
December 3, 1997
CITY OF TAMARAC, FLORIDA
RESOLUTION no. R-97 �X g
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE SETTLEMENT OF
THE WORKERS' COMPENSATION CLAIM OF ELLEN WOOD
FOR $57,099.00, PROVIDING FOR APPROVAL BY THE JUDGE
OF COMPENSATION CLAIMS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on December 2, 1991, Ellen Wood, an employee for the City of Tamarac,
Florida, while working as a secretary, was injured when her shoe stuck to the floor and she fell
on both knees and arms; and
WHEREAS, Ellen Wood sustained injuries to her right knee, right leg and left arm; and
WHEREAS, the City and its Workers' Compensation insurer, the Florida Municipal
Insurance Trust, have been providing and administering Workers' Compensation Indemnity
Benefits and medical care and treatment to Mrs. Wood since the date of accident; and
WHEREAS, the City and Mrs. Wood recently attended mediation proceedings with their
respective legal counsel and were subsequently able to amicably arrive at a fair and reasonable
settlement; and
WHEREAS, Mrs. Wood could be awarded substantially more in Workers' Compensation
Benefits if this case remains unresolved; and
WHEREAS, William E. Platow, the City's defense counsel recommends the settlement
of this claim for $57,099.00; and
WHEREAS, the Risk Manager, the City Attorney and the City Manager recommend the
settlement of the Ellen Wood claim for $57,099.00; and
WHEREAS, the Florida Municipal Insurance Trust has agreed to pay the sum of
$104,262.00 toward the overall settlement of Mrs. Wood's claim; and
Temp. Reso. # 8070 2
December 3, 1997
WHEREAS, the payment of $57,099.00 by the City of Tamarac and the payment
of $104,262.00 by the Florida Municipal Insurance Trust will be utilized to provide Mrs. Wood
with a lump sum payment of $60,000,00 and an annuity payment of $711.08 per month for 20
years guaranteed; and
WHEREAS, the payment of the $60,000.00 lump sum and the funding of the annuity
plan to provide a monthly payment to Mrs. Wood of $711.08 will fairly and adequately
compensate Mrs. Wood for her future monetary, medical and rehabilitation needs; and
WHEREAS, this settlement will resolve all outstanding claims, including attorney's fees,
costs, indemnity benefits and future medical care and treatment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA;
Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution.
Section 2: The City Commission of the City of Tamarac approves a $57,099.00
settlement with Ellen Wood for all claims against the City in return for a full release, ADA
Waiver, and her resignation.
Section 3: The settlement must be approved by the Judge of Compensation Claims.
Section 4: That all resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5: If any clause, sections. Other part or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
Temp. Reso. # 8070 3
December 3, 1997
Section 6: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this /d
ATTEST:
AROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
Ap roved this RESOLUTION as
fr
MITCHELL S. KRAFT
CITY ATTORNEY
(Itdreso.sms)
1
Day of , 1997.
�1
bE SCHRIEBER, MAYOR
RECORD OF COMM
MAYOR SPHR15-IBE._ R -
DIST 1: COMM. McKAYE
DIST 2: V M MISH hI
(MST 3: OM ULTANI
DIST 4;
VOTE
C