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207382i ORIGINAL TO CITY CI�E;K PRESENTED COMMISSI CITY OF ST. I OFFICE OF THE CI COUNCIL RESOLUTIO Council File No. 207382 —By Frank L. Loss, by request — Resolved, That pursuant to the Award of the Industrial Commission filed May 17, 1962, copy of which is attached hereto and made a part hereof by ref= erence, the following sums be,-paid out of the Workmen's Comnensation Ac- a full, final and Ty and all cla employe of t, ^nt of Pu' _. P $ -tint' ,fir.-n jIJ nuarY TA7;d- represent= settlement 3ordon A. 207304 RESOLVED, That pursuant to the Award of the Industrial Commission filed May 17, 1962, copy of which is attached hereto and made a part hereof by reference, the following sums be paid out of the Workmen's Compensation Account of the General Fund, representing a full, final and complete settlement of any and all claims by Gordon A. Blade, employe of the Bureau of Police, - Department of Public Safety, against the City of Saint Paul by reason of his alleged personal injury of January 15, 1958, claimed to have arisen out of and in the course of his employment with the City of Saint Paul, and covering the period from May 8, 1958 to June 6, 1962: To Gordon A. Blade, the sum of $7,155.00; to James R. 'McClure, his attorney, the sum of $2,385.00; to James R. McClure, as reimbursement for medical examination and report, the sum of $180.00; and to Dr. Leonard J. Michienzi, the fair and reasonable value of his unpaid charges for care of said employe, statement for which has not yet been received; and FURTHER RESOLVED, That arrived at prior to the hearing Claim Petition to the Industrial and approved on the part of the COUNCILMEN Yeas Nays DeCourcy _HQH .. � Loss In Favor Mortinson Peterson Against Rosen 1111. DZ�.'VIQCST�Y W Y �i tills 5M "I the Stipulation for Settlement, of the matter of the employe's Commission is hereby ratified City of Saint Paul, as employer. PUBL1ShEll — ' :1 — G 2 MAY 2 5 1962 Adopted by the Council 19— MAY 25 196, roved 19— Mayor DUPLICATE TO PRINTER y��(`at�� CITY OF ST. PAUL COUNCIL NO '' SSdd11 / /''�r_cc [[BBEE OFFICE OF THE CITY CLERK COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY COMMISSIONER DATE RESOLVED, That pursuant to the Award of the Industrial Commission filed May 17, 1962, copy of which is attached hereto and made a part hereof by reference, the following sums be paid out of the Workmen's Compensation Account of the General Fund, representing a full, final and complete settlement of any and all claims by Gordon A. Blade, employe of the Bureau of Police, Riepartment of Public Safety, against the City of Saint Paul by reason of his alleged personal injury of January 15, 1958, claimed to have arisen out of and in the course of his employment with the.City of Saint Paul, and covering the period from May 8, 1958 to June 6, 1962: To Gordon A. Blade, the sum of $7,155.00; to James R. McClure, his attorney, the sum of $2,385.00; to James R. McClure, as reimbursement for medical examination and report, the sum of $180.00; and to Dr. Leonard J. Michienzi, the fair and reasonable value of his unpaid charges for care of said employe, statement for which has not yet been received; and FURTHER RESOLVED, That the Stipulation for Settlement, arrived at prior to the hearing of the matter of the employe's Claim Petition to the Industrial Commission is hereby ratified and approved on the part of the City of Saint Paul, as employer. COUNCILMEN Yeas Nays DeCourcy 11 „__d Loss Mortinson Peterson Rosen 5M "I MAY 251962 Adopted by the Council 19— MAY 2 5 1962 Approved 19— In Favor 3 Against Mayor Y C-" 2073 2 STATE OF MINNESOTA �n �igtriat (Commlogion of Ilinnezota IDibloWn st W,,kmen'jc Campenwkin STATE OFFICE DUIlt.GINO• ST' PAUL 1 File No.__ 0362L -- NOTICE OF FILING Record No. } - DECISION OF REFEREE r r,ordon A. Blsdo Employe, vs. City Of SL. Paul , Employer, and Insurer. TO THE ABOVE NAMED PARTIES AND THEIR ATTORNEYS: PLEASE TAKE NOTICE that hereto attached and ':•:rewi'h served upon you is a true and correct copy of the decision of the referee tiled with this coinmission in the above entitled matuer on the 17th d ey of— Map l9_ ti r' INDUSTRIAL COMMISSION OF MINNESOTA, By a Secretary, Dated at St. Paul, Minnehota, 9. D. die r irmori, Nit 17 l9 b • 1Z ,�' ~f 14." ry ,�1 , STATE QF MINNESOTA INDUSTRIAL commIsslom DIVISWH OF WORKUM'• COKPOWATM" 8T. PAUL 1 File No - 30305 AWARD ON STIPULATION Record 00 59540 Gordon A. 0144, Vaploye, vs. ' City of st. Paul; Xaploy*r. Pursuant to., duo notice to all of the, partl6s the above ehtitled matter oamo •oa tor hearing before the undmrsigned, Referee on the loth day or x4yj 1962 at gt. Paul, add at the call of the matte the parties advised the Refers* that they had reached an agreement, and dictated a stipulation cif settlement into the record, a eopy of which is h"to attatehe, and sad* ,a part hereof. The Referee having considered the pleadings, the deposition ..eft tko petitioner, together with the meioal reexports referred to in the said stipulation and the stipulation of battlement, and it appearing that said agreement is in oubstantial accord with the provisions of the workmen's compensation law,- NOW, T109FOR 9 IT 18 ORM That the employs herein, Gordon A. Made,. is entitled to and he hereby le awarded against the above med 'eeaplorer oompensati.on covering 212 weeks of temporary total disability at the weekly rate of $45.00 amounting to $9,540.00 and covering 'th© Period from X'y 8, 1958 to June. 6, 1962, and frola the* .9o■ipensatioa so avardtd there shall be deductied and paid directly to Jsos. R. HoClure, Attorneey, 8t, Paul, .as, stipulated attorney's fesssr the sue of 42,385'.00,, whidh paybent when to made shall constitute full ,payseeAt and satisfee.otion for all, attorney's fetes for legal servid"- -rendered by said,attorney in'this matter to the date hereof, and 'the 'balance of $70155.00- shall be ,paid dl". atly to the employ*, and the employer shall reimburse the said James. R. McClure In the sue of #180.00 expended with Drs. .Barron end Barron for examination and report and shall, pay directly to Dr. Leonard J• Hlohisnsi the fair and •r"soxible value of his unpal,d char. gee heroin, and IT IS FURTHER ORDMM That When thee paysonts are *ado as provided for hereel i it $ball 09untitute a full, final and complete settlement, of any and all clal*s' theee. *mploye,aay have against they above aaaod employe by reason of his alleged porsonal injury of January 15, '1958 01alft" 0 have arisen out of and in the course of his eviployaent with the above name employeer, It being understood that this seettlsmeent covers the period of Kay 8, 1958 to June 6, 1962, cad it, is eegraed by and beeatwein, -the parties that should the employe sustain further disability from and after June 6, 1962 or s*Qk further benefits under the 'works"' & oomp*>isatIO;i law, tbAt he..aay file a cialA petition vjth the Industrial Coamissloh and ItL will not `be lowR 1 . � • � � � •.� ry / r y • -�♦ I,YrL .` �. '} •J'1• 1.4 j< '�.f 4 .,' .Y . •a� .� ar -[. �� _ � _ ' , f • S f w ' aaa�s�ar7 to .p6titlon the wustrial !1dsloa to a �agaf,� ad_ sit aside this stipulation o! sott MtlADt, s>u Q IT .Z8 FURTHM Wwn that' the, olai� on yatiilon filed herein rdh 21t 19d2, hst and sari ,i� h"by d1mirsa4. J Y . DUtrY I»dua ►ia�1 Qoa-1Gs1Qn of arms sots, Dated of it. Paul, jlian0rota this 17th d4y oil lfla 19$2. JDsha • , I F • • f f -2- 1 r STATE OF MINNESOTA 6 INDUSTRIAL COMMISGUM DIVLsto* OI MORKUM's Conmx"TMN 6T. PAUL t File No. 303625 STIPULATION FOR aEETTLMENT Record. No. 59540 Gordon A. Bl4do,, Employe, va. City of at.. Paul, Muployer. The' following stipulation for settlement was dictated into the record in, open court before Jarift V. Duffy, Referee for the Industrial Commission of Minnesota, on the 16th day of .May,, 1962, at ,110 'State 01't~ioe ,wilding, 9t. Paul, Mlntipoota. Air. Ja'aes R. McClure,. 1323 Pioneer Bu11.41ng, .St. Paul, Ktnnssota, .appeared as Attorney Yor the employe.; and ?ir. Donald L. Lace, Court House, at, Paul,, Xinngsota, appeared uo Rttornoy for the employer. ` R. 'NoOLURX: :ay the re000d &how that proeent at this hearing are the pet;itlnnor, 00rdOn. A. Blades personally and reprooented by his attorney, Jatnee� 31o01ure, butd that the imployar, tt1e City of at . 74-01, ,is V"resentod by Xr. . Donald Lain. I It iv stipulated and agreed by and between the parties hereto that n11 parties waive a foraA.1 hearing in this matter and. desire and will enter into a etipUlatibn or ,settlessat. pursuanti to the terms hereafter set forth. IT The- employe, Gordon A. $lade, reeidee at 1302 Stanford Avenue, alt. Paul, J(lnriaaotm;. the "ployerlethe Qiiy Of St:. Paul, N,innesotg, a ltunioipal oorporation. III That on January 15, 1958,the employe herein was in the employ of the above named employer ae ctetect.ive lieutenant in the Police De.partaint of 6aid emploYer at a monthly wage of, X538.00. rV It is' the caritention of the petitioner, employe, that he Incurred an injury causally oonneoted with.his employment oonsleting -1- �s N of �QrOWY !Gdi*rvsi$ 61n4 001-OAM&Y; 000illsidn and that said employer had bio*;Odge or U4 z0tloo,ct sq,6I.d­InJA*y. T ?hat an the date !46 'OKA40 was Injur—*d, And 81041-ned -his d1aabUIV that the employer was insured against 000P4nsation liability thro ugh :0*1 f-4nswrana* vi The petitiOndr Oo , inIurth*r 806t&ntiatidn,of hip claim alleges and odh n, tendg that first o , ' ut February 29, 1952 he mUstalned a heart Attack whilo- On duty with the Polido Department at St. FaU, 141nnesota,, at which tj4e. he was Z'' 16&larly engaged in his occupation AS a lieutenant Iii charge of 'tho, Box :Division of the alty of St. Paul F011do Department; that -said-diaabllity and injury then arose as a ftsult of sm6tioliAl etrias and atrAin oausally conneotod With his 06CUOttioh &nd, m6r'6 partio-ularl '_ ' y set forth as followa. At _d 000.agion I* id4p aoddeted by a AOX ' pr4onor whose release 'had. been -arranged as s. result of lack OX of proveoutioxL and it be4ame noctsuary for the petitioner '06t, 104.*0' 't14& -to I;U' in easotional . 4 - B*Ln OonsidqrsLble abuii* resulting strain Ih aDd the nM*d to 'forqibly'ejoot said former Prisoner; to there, will In additl6n to ' ' hl'a. Stipuls,lionbo a deposition 'Which vois taken, by the q1ty of at. Paul with tYt oonsant of all partiloa hereto and which will be _f ilod and made Part •9f the. rebord in t41a p roceodin gs; that ou said ootasion th#, egplp yo v&s tAon from, t he St, Paul Police to hi* homy .ate tphiq attending phyg lolan who arrangqd'for Lospitalltbtloki at the VotOrane Hospital, at. p ­�Minneapoljb, aul, 'XinhosQUI wherein W4, *mplOvG' 6Uv"q for apprOxImat 6_4 6 L weeks;, ho thdreaftdr rew4indd at hQzo for 'several weeks and returning to hic posItion with. the City f a Y 8t. - Paul resumed his occupation. as -a lieutenant in ahaf-Ige 6;t the. a9XL Division] in About Auguv.t, 1957 after dealing with-, prispnerd' ho developed d , &"or.o case of hio.cups and became Overly tirodl the -facts her,94A will also be shown' mdrf P&rUoularly La, the d*positlon, referred. to heretofore; the fts, ,041h ... . * text. day J14 felt chest . , tightness In the chest *A2d othor symptoms of the 06ndition for which he had been hsretoforo hoop t & lIzq4; his qOnbultn dootor, Dr. Xiahlenzi, hospitalizod,bin at St. Luke's Hospital for treatment of heart a6tidition and-he t hen re 14 - the hospital ,for 22 da7s; he ther*9 and -,ft*r r.tturnbd to 410 ris$vlar oodupatlon b*r#In referred to,, 64 January 15, 13956 after ek "raginaL Oxpeirionaiai with goge sex offenoore and while, PA his W.&Y to the'-fturt House in OOM*ction with t6stiOny to be StIrdn in, a "X 0*06, he bj'Ld, an atta - on this left, , Bide o-radlatin ok 6.f aharp pain �g to Me lip:fj arm,, stabbing In character; he returned to this station and vbJIq talkilAe to the Assistant Chief developed 6 v9v*r# ¢ramp in his dhosi Q4, with a shakirig of his hands; .his dootor was iaF4OdIat#ly OaUod &W his Was I On that . day )IosPltulizod at Ot. Wkeld. H6spJ - tal- Where, bA6 revialn9d for throe months; that it 18 further 'the claim of this Petitioner herein that if Dr. KiOhienzi were ji 9 hers to testify that 'UO testlao'Ay would be as follows: That it is his o;ainion that the petitioner itistai.ined a coronary occlusion as a �renult of a. stress aUd strain of his ooeupation; it is further the contention of the, petitioner that the attending phyaician thoreafter Advised the petitioner that he should not return to work -and should seeks rotirement.; the petitioner did not return to his et�iloyaent after the ,incident of January 15, 1958 and subsequently was retired from the Police Department, .taking what retirement was duo him after 2$ years of service with 'the 8t. Paul Police Department on May 8, 1958; introduced at this time is a medioal report from Dr. Leonard J. Mlohienzi which la contained in the Commission's file, the report is a copy of An original which hag became lost, but the notation on the commission dopy lnalcates that it ,wav, reaelved an October 21, 1961; At is further, the contention of the ;petitioner that 1f 'Dr. Hoass Barron were. here to testify that his- conolueion would be that it is his opinion that the omotichal_gtrene''produced by 'the enraging experiences in the petitioner's ocoupa.tion caused tht coronary o4clusiQU and disability sustained by petitioner,; and 'introduced at thin time U a. medical - report of Dr. .Moses Barron dated easy, 10, 1962; the petitioner has mot been billed for the services of Veterans, Hospital., consequently no oWn is tot forth herein for those servloes; that the services of st. Luke's 'Hospital have been paid for br..others not a party to this notion; it. is Qhe vontention of the pbtitionsk that he la permanently and totally disabled as a result of the heart attacks which ho sustained within the course and scope of his edploymerIt and which he clalwri are causally connected to such employment; it is further his contention that there is'due and owing to,hin accrued ooepenaation at the rate of 445.00 per week from Xay 8, 1958 through the present and that he will be entitled in the future to the sun of $45.00 per wopk;'tho petitioner contends that he has incurred financi&l obligation for the services of Dr. Motes Barron for physical examination, x »ray, laboratory haste, checking of hospital: records, disouasionsi reports and opinlone in the sum of $180.00; it is further his contention that ho will have a bill from Dr. Leonard J. Xlchienoi, then exact amount of which is uudotermined at this time: MR. LAI3r VYI The ezployer, City of Ht. Paul, hap denied or denios that the employe had a. h©.e.rt attack or diaebling heart d1seaae on Jahuary 15, 1958, and the employer also denies that the injury or disability resulting froif any illnena arose out of the course of employment; we -hAve denied that the nature of 'said injury• was a coronary occlusion resulting in.. coronary aaleronis and if it, in fact, was an occlusion resulting in ooronary soleroals that the sclerotic, condition is not a result and does not result fro& his employment so that in neither the underlying Oatine nor the alleged injury can be stated to have arieen. out of his employmert. - 3- y Y • c VIII It is speoificallJ denied that we had knowledge or due notice of said injury and affiraatively' state that the, first knowledge we had of aa, claim being grade on behalf of' the employe was in a letter received In the office of the Corporation Counsel from the Industrial Commission, the date on the photostatio dopy we have is October 21, 1961, the date .received at the Industrial Commission, and had been prawioun:ly sont to the office of the Corporation Counsel 'by Dr. 'Xichienz.i in the dimmer of 1961 and that subsequent to 'this letter communioation from Mr. McOluro, March 14, 1962, a letter calling attention to .his representing Mr. Blade In this matter, was redoiVed In our office on Maroh 15, 1962 and there- after the Qla.im. petition on this matter; we .have and do deny that the eapYoge was peragneatly and totally disabled from January 15, 1958 to the preterit and into the future and spscifioally all-age that the employe, ii disabled, is not totally disabled and Is in sufficiently 9064,physioal oondition.to work or to perform duties so as to indicates that any Qisability he has is 1.028 titan .a total disability. XR . x03 0LURt ' Ix It to further stipulated by and between the parties hereto that the deposition taken on Friday, Nay 12, setting forth the petitIO.Ue r' s history and claims in aonneation herewith will be filed and made a part of •tha'stipulation; that in addition, that the report of Dr. Leonard J. Michienai filed with the Industrial Ooasmiasion on October Q1,1961, and the mo" alcal report of Dr. Rosen! Barron dated May 100 1962 May be made- a part of this sti,pulatioa by reference. MR . I.A1l t X The parties hereto have axrived at a compro>zia b settlement and ogl•ee.ment, taking into aaicount All of the ' aforesaid allegations of both the emPloye ind the employer and •'have agreed upon a settlement as follows- There will be 213 weeks of covensa�tion paid at the veokly rate of $45400 per week between the dates commencing with May 8, 1958 And terminating Juno 61 aporoximutely, of 1962; the sum of stoney InvOlVe!i ic, $9,540-00; and in addition -thereto the employer will, reinburse .James R. Mo01'ure in the suit of 11$0.00 expended with Dr Koses Barron for the examinstion: herein set forth and will pay trio reasonable unpaid bill of Dr. Kiahleazi w iloh exceed .$50.00. , In anticipated will not THR 'RIWIM; XY when the pad ehts are suede -as provided for herein it win oonstitut• a full, final and oonpletr settlement of any and all claims the easploye nay hate by reason of his alleged personal injury of January 15, 1958, said settlement to include froes the Mate of -the -4- . a w anploy *'s daLsablerwt oa Kay S. 1958 to and inol'urding Juno 6, 1962, it being understood and armed to by the parties hereto that should the employe hereln surfer further disability or Maki claim for - further .benefice under the vorkmen's oompensation law by reason of his claimed personal injury of January 15, 1958 . which he has alleged reoulted in a heart condition arising out of and in the course of his employment with the apova naAed 'smpioyer, that he may file with the Industrial Csoa mission, a claim petitiog. setting .forth hi.s further olaima under the workmen's -compensation law and that it will• not be necessary that he petition the Industrial Commission to set aside aunO vacate this stipulation of settlement. TH7i PIWZRZZ: As that all of it? ti XR. LAIC That will be it. TU. R WX=t And you agree to disaliss the claim petition? X11. ZeCLVU: It is agreed that the claim petition be dismissed. _ 'Qa►11e4 and sworn, testified as follows AKINATI0l1 BY TKZ RXYW= t q You are 0orAdn A. Blades the pstition*r in this matter? A Yes. sir. Q ANA you haye,boen represented throughout these proceedings by your attorney, 14r. James R. X00lure1 ` A. Yoe., air. Q And 1 asswo Kr.. i[.odure has sAylsod you as to your rights under the workne¢'s ooap*noation lawt A Visa. sir. he has q And ton- have been prosont her* this ammina with your attorney and hate- Acrd the stipulation of settlement just dictated befox-e me? A Yes,, ;sir. I hare. , q .Ana do you ux erstwA that by the terms •,of this stipulation that you'are making a oomproeise settlement of any olains you might havo against the City of dt. Paul by reason of the claimed personal Injury you allege you sustained on January 15th, 1958 by reason of your employment with the City of at. caul as a lieutenant police detective? A Yee, sir, I do. w 5r 0 ' � w H u Q And do you understand that by the taros of this stipulation that eoapensation representing 212 weeks of temporary total disability at the weekly rate of $45.00 vill be paid to you amounting to #9,540.00? A Yes, sir. Q And this *over% the period from Xay .8th, 1958 to June 6th, 1962. A Yes, sir, I do. Q Do you also understand that from this compensation there will be deducted sand paid directly to your attorney for his profeoeionra.l services in this matter the sun of #2,385.00? A Yes, sir. Q And that you will rooeive the balance of 47,155.00? A Yes, sir'. Q You understand that. You also understand that Mr. Moolure will be reimbursed in the amount of $180.00 which he expended. with Drs. Barron and Barron and that the employer herein will pay the unpaid balance of Dr. Mohionzi's bill? A Yese sir. Q Now, you understpd the payments to be *ad*? A l do, sir. Q Do You also understand that when those payments are made it will constitute a lull, final and complete settlement of all olaims you miSht have against the City of at. Paul by reason of your alleged personal injury of January, 15th, 1958 whioh you &liege arose ou.t of and to the course of your employment with this. employer? A Yes, sir. 4 Do you also understand that should you suffer further disability you are not foreolooed for &king claim under the workmen's compensation law, that is it will not be necessary for you, to petition the Indur; trial Oo&ission to set, aside this settlement, that you may file your olaIxI petition for further benefits if you stiffer further disability by reason of this incident? A I understand, sir. Q And with that understanding in mind do you wish to have the Referee approye the sottlementt A I do, air. THE; RVZRti s Okay. e w �► e Reporter: Herbert H. Midkiff. -6-