250167 ORIQINAL TO CITY CLBRK d- n I
CITY OF ST. PAUL couNCa �•Ja� v
� OFFICE OF THE CITY CLE K ��E NO.
C CI ESOLUT N—GENE L FORM
PRESENTED BY
COMMISSIONE ATF
RESOLVED, that pursuant to the Award of the Minnesota
Indu�trial Commission, dated August 3, 1970, Evelyn Emerson,
widow of Earl Emerson, be paid the sum of $7,500.00 out of
the Workmen's Compensation Account of the General Fund in
one lump sum, representing dependency compensation at the
rate of $70.00 per week due by reason of injuries suffered
by Earl Emerson on July 24, 1962, while employed by the
Department of Public Safety and his subsequent death on February 10,
1970; that out of the aforementioned compensation, City of St.
Paul shall deduct and pay directly to George Latimer the sum
of $1,875.00 as and for attorney's fees in this matter
FURTHER RESOLVED, that the City of St. Paul sha.11 pay
directly to Evelyn Emerson, widow of Earl Emerson, the sum
of $750.00 statutory burial expense and $33.40 as reimburse-
ment for medical expenses incurred and paid on deceased's
behalf by said widow.
� rparation Cour�1
AUG 2 : 1910
COUNCILMEN Adopted by the Council 19—
r
Yeas Nays
D.,�_ ��a.�� _._ '� ;97�
Carlson roved 19—
Levine Favor �V
Meredith
Sprafka �
A gainst
Tedeaco
Mr. President, McCarty • - y�` ^ `
�vB�isHEO p�G 2 91970
�
���,� ��
M E M 0 R A N D U M
RE: Earl Emerson Resolution
DATE: August 18 , 1970
Earl Emerson, while employed as a fireman for the Department
of Public Safety, was injured on July 24, 1962. His doctor, Dr.
Dan W. Fisher, determined that Mr. Emerson had emphysema which was
caused by inhalation of smoke and irritants during Mr. Emerson's
employment of 30 years. Dr. Fisher, in fact, rated Mr. Emerson
as a permanent total.
On February 13, 1964, the City Council passed a resolution
granting Mr. Emerson weekly compensation of $45.00 for the time
that he was disabled as a result of the emphysema. Mr. Emerson
did not return to work and died on February 10, 1970. He had
been paid compensation benefits of $45.00 per week up to the
time of his death. Dr. Johnson, the treating physician at the
time of Mr. Emerson's death, listed the cause of death as ca�diac
arrhythmia, resulting from emphysema..
���; ;�G The.Workmen's Compensation Law provided that Mr. Emerson's
�eirs were entitled to $25,000.00 maximum less the money paid
during his lifetime. Mr. Emerson had been paid $15,000.00+ and
it was determined that the City could be liable for another
$10,000.00. The attorney for the widow, Mrs. Evelyn Emerson,
offered to settle the claim for $7,500.00, and since all the
evidence indicated that Mrs. Emerson would prevail at the
Industrial Commission, the offer of settlement was accepted.
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JEC:j r
D{!/LIC/1T[TO MtIN7=R ������
, CITY OF ST. PAUL �uNa� NO
• OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION--GENERAL FORM
.��c.r
COMMISSIONC�! �AR
RESOLVED, that pursuant to the Award of the Minnesota
Industrial Commission, dated August 3, 1970, Evelyn Emerson,
widow of Earl �nerson, be pa.id the sum of $7�S00.00 out of
�he Workmen's Compensation Accotmt of the General �snd in
one lump sum, representing dependency coa�pensation at the
rate of $70.00 per week due by reason of inj uries suffered
by Earl Emerson on July 24, 1962 while employed by the
Department of Public Safety and l�i.� s�bsequent death on February 10,
1970; that out of the aforementioned co�tpen�ation� City of St.
Paul shall deduct and pay directly to GeorgE Latimer the sum
of $1,87S.00 as and for attorney's fees in this ma.tter
FURTHER RESOLVED, that the City of St. Paul shall pay
directly to Evelyn Emerson, widow of Earl Emerson, the sum
of $750.00 statutozy burial expense �n3 $33.4U as reimburse-
ment for medical e�enses iacurred and paid on deceased's
behalf by said widow.
AUG2 � 1970
COUNCII.MEN Adopted by the Co�mc� 19_
Yesa Nays
„�,� AUG 2 � 197�
Carlson Approv� 19_
�°�e Favor
Meredith � �r
'�S`p�fka Anruinat
Tedesco
Mr. President, McCarty
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