Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 1/20/2021 
Agenda Category:RESOLUTION

Subject: 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING SETTLEMENT OF THE WORKERS’ COMPENSATION CLAIMS OF KENNETH C. THOMAS V. CITY OF RIVIERA BEACH POLICE DEPARTMENT, OJCC CLAIM NOS.: 14-023877CJS AND 15-006810CJS; AUTHORIZING GALLAGHER BASSETT SERVICES, INC. TO MAKE PAYMENT IN THE AMOUNT OF THREE HUNDRED THIRTY-TWO THOUSAND DOLLARS ($332,000) AS FULL AND COMPLETE SETTLEMENT OF BOTH CLAIMS; AND PROVIDING AN EFFECTIVE DATE.


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

Originating Dept City Attorney  Costs $332,000 
User Dept. Funding Source
AdvertisedNo Budget Account Number
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Affected PartiesNot Required   

Background/Summary: 

Kenneth C. Thomas (“Claimant”) filed workers’ compensation claim 14-023877CJS on October 14, 2014, for injuries sustained to his neck and back in a motor vehicle accident that occurred on August 2, 2013 during the course and scope of his employment with the City of Riviera Beach Police Department.  On March 26, 2015, the Claimaint filed workers’ compensation claim 15-00681CJS for injuries sustained to his head, neck, and back in a motor vehicle accident that occurred on May 8, 2014 during the course and scope of his employment with the City of Riviera Beach Police Department.  Both claims were filed against the City, as Employer, and Gallagher Bassett Services, Inc. (“GB”), as Carrier.

The parties have agreed to settle both claims, including a Medicare Set Aside of One Hundred Twenty-Five Thousand, Five Hundred and Two Dollars ($125,502), attorney’s fees, and costs for a total sum of Three Hundred Thirty-Two Thousand Dollars ($332,000).  Settlement is subject to approval by the City Council.  Upon execution of the Settlement Agreement and Release, both claims will be dismissed with prejudice.
 
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III. Review Comments

A. Finance Department Comments:
 
B. Purchasing/Intergovernmental Relations/Grants Comments:
 
C. Department Director Review:
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ATTACHMENTS:
File NameDescriptionUpload DateType
01062020_K._Thomas_Memo.docxThomas Memo12/18/2020Cover Memo
CA-K._Thomas_Resolution_No_03-21finaldj.docThomas Resolution No 03-2112/30/2020Resolution
K_Thomas_Settlement_Agreement.docxThomas Proposed Agreement12/12/2020Agreement
K_Thomas_General_Release.docxThomas Proposed Release12/12/2020Agreement
REVIEWERS:
DepartmentReviewerActionDate
AttorneyWynn, DawnApproved12/18/2020 - 4:45 PM
PurchasingPemsel, AltheaApproved12/23/2020 - 10:56 AM
Financesherman, randyApproved12/28/2020 - 8:00 AM
AttorneyWynn, DawnApproved12/28/2020 - 9:16 AM
City ClerkSmith, Tawanna Approved12/28/2020 - 10:45 AM
City ManagerJacobs, DeirdreApproved12/30/2020 - 6:02 PM