Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 8/18/2021 
Agenda Category:CONSENT 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 LOUIS KANITSCH V. CITY OF RIVIERA BEACH, OJCC CLAIM NOS.: 20-029618CJS AND 20-029620CJS; AUTHORIZING GALLAGHER BASSETT SERVICES, INC. TO MAKE PAYMENT IN THE AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000) AS FULL AND COMPLETE SETTLEMENT OF BOTH CLAIMS; AND PROVIDING FOR AN EFFECTIVE DATE.


Recommendation/Motion: 

Office of the City Attorney recommends approval of this Resolution.


Originating Dept City Attorney  Costs $30,000 
User Dept. Funding Source
AdvertisedNo Budget Account Number
Date   
Paper   
Affected PartiesNot Required   

Background/Summary: 

Louis Kanitsch (“Claimant”) filed a petition for benefits on workers’ compensation claim (20-029618CJS) against the City, as Employer, and Gallagher Bassett Services, Inc. (“GB”), as Carrier on December 31, 2020 , for injuries sustained during heavy lifting calls occurring on July 9, 2020.  On the same day he filed an additional petition for benefits on workers’ compensation claim (20-029620CJS) against the City, as Employer, and Gallagher Bassett Services, Inc. (“GB”), as Carrier for injuries sustained on October 13, 2020 after lifting a hurst power generator unit back onto the rear compartment platform of an engine.  Both accidents occurred during the course and scope of his employment with the City of Riviera Beach Fire Rescue Department.

 

The parties have agreed to settle both claims for a total sum of Thirty Thousand Dollars ($30,000), subject to City Council approval.  Upon the City Council’s approval of this settlement and the City’s payment thereof, the workers’ compensation claims from the Claimant against the City and GB shall be dismissed with prejudice.

 
Fiscal Years
Capital Expenditures
Operating Costs
External Revenues
Program Income (city)
In-kind Match (city) 
Net Fiscal Impact
NO. Additional FTE Positions
(cumulative)

III. Review Comments

A. Finance Department Comments:
 
B. Purchasing/Intergovernmental Relations/Grants Comments:
 
C. Department Director Review:
Contract Start Date 
Contract End Date
Renewal Start Date
Renewal End Date
Number of 12 month terms this renewal
Dollar Amount
Contractor Company Name
Contractor Contact
Contractor Address
Contractor Phone Number
Contractor Email
Type of Contract
Describe
ATTACHMENTS:
File NameDescriptionUpload DateType
CA-Cover_Memo_Kanitsch.docxCA-Cover Memo Kanitsch8/10/2021Cover Memo
Final_L_Kanitsch_Resolution.docCA Resolution - Louis Kanitsch7/28/2021Resolution
Kanitsch_Settlement_and_Release.docxProposed Release - Louis Kanitsch7/28/2021Agreement
Proposed_Joint_Stipulation.docxProposed Joint Stipulation to pay past attorney's fees and costs8/10/2021Agreement
Proposed_Settlement_Agreement.docxProposed Settlement Agreement8/10/2021Agreement
REVIEWERS:
DepartmentReviewerActionDate
AttorneyMutamba, DeniseApproved7/28/2021 - 3:28 PM
PurchasingWilliams, GlendoraApproved8/2/2021 - 2:39 PM
Financesherman, randyApproved8/9/2021 - 2:06 PM
AttorneyMutamba, DeniseApproved8/10/2021 - 3:59 PM
City ClerkRobinson, ClaudeneApproved8/10/2021 - 4:47 PM
City ManagerJacobs, DeirdreApproved8/11/2021 - 7:49 PM