Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 9/2/2020 
Agenda Category:CONSENT RESOLUTION

Subject: 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING SETTLEMENT OF A CLAIM FOR ATTORNEY’S FEES AND COSTS IN THE WORKER’S COMPENSATION CASE OF ROBERT AYLSWORTH V. THE CITY OF RIVIERA BEACH AND GALLAGHER BASSETT SERVICES, OJCC CASE NO.: 09-007096GJJ; AUTHORIZING GALLAGHER BASSETT SERVICES TO MAKE PAYMENT IN THE AMOUNT OF $33,005.21 AS FULL AND COMPLETE SETTLEMENT OF ATTORNEY’S FEES AND COSTS; AND PROVIDING AN EFFECTIVE DATE.

 

 

 


Recommendation/Motion: Office of the City Attorney recommends approval of this Resolution.

Originating Dept City Attorney  Costs $33,005.21 
User Dept. Funding Source
AdvertisedNo Budget Account Number
Date   
Paper   
Affected PartiesNot Required   

Background/Summary: 

Robert Aylsworth (“Claimant”) made a workers’ compensation claim on February 5, 2019, for mold exposure, while employed with the City of Riviera Beach (“City”), Department of Fire Rescue, against the City, as Employer, and Gallagher Bassett Services (“GB”), as the City’s Insurance Carrier.

 

On August 23, 2019, the City and GB stipulated to compensability of an exacerbation of the Claimant’s allergic rhinitis and agreed to provide worker’s compensation benefits to treat the Claimant’s exacerbation of allergic rhinitis for so long as the industrial accident remains the major contributing cause of the need for medical treatment.

 

After negotiation, the parties have reached an agreement over the claim of attorney’s fees and costs for a total sum of $33,005.21, subject to City Council approval.

 

Upon the City Council’s approval of this settlement, the Court’s Order approving a joint stipulation and the City’s payment thereof, all claims for attorney’s fees and costs from the Claimant against the City and GB through August 3, 2020, shall be dismissed with prejudice.

 
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III. Review Comments

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B. Purchasing/Intergovernmental Relations/Grants Comments:
 
C. Department Director Review:
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ATTACHMENTS:
File NameDescriptionUpload DateType
CA-Cover_Memo_Resolution_to_Settle_Aylsworth_Attorneys_fees_and_costs.pdfMemo to Mayor and City Council WC Aylsworth8/26/2020Cover Memo
CA-Workers_Compensation_settlement_resolution_Robert_Alysworth.pdfResolution to Settle WC Aylsworth8/26/2020Resolution
Joint_Stipulation_of_Employer_Carrier_Paid_Fees_executed.pdfJoint Stipulation of Fees8/25/2020Cover Memo
REVIEWERS:
DepartmentReviewerActionDate
AttorneyWynn, DawnApproved8/25/2020 - 1:16 PM
PurchasingPemsel, AltheaApproved8/25/2020 - 1:31 PM
Financesherman, randyApproved8/25/2020 - 3:43 PM
AttorneyBusby, Lina Approved8/25/2020 - 3:54 PM
City ClerkRobinson, ClaudeneApproved8/26/2020 - 7:41 AM
City ManagerJacobs, DeirdreApproved8/26/2020 - 9:29 PM