201042rP
CRIGINALJWCI+Y CLERK
CITY OF
OFFICE OF TF
(�fi'COUUNCIL RESOLUTIC
PRESENTED BY
COMMISSIONE
WHEREAS, Michael M. McDo
years prior thereto was emplo
Council File No. 201042 —By Robert F. g
Peterson— `/�'IJ�
Whereas, Michael M. McDonough on -11 CIL
April 19, 1959 and for mappy years prior NO
thereto was employed as la fire engine- ,
er by the City of Saint Paul Bureau
of Fire Protection, and' on April 19,
1959, said employee sustained a cere-
bral vascular accident and has been
totally disabled from April 19, 1959 to
date; and
Whereas, It is the employee's claim '
that he suffered a personal injury or
occupational disease or condition which
he alleges arose out of his employ-
ment as a fire engineer and fire fighter
for the City of Saint Paul, within the
meaning and terms of the provisions 9 and f or many
of the Workmen's Compensation Law
and that as a result of said personal by the City
n•--
of Saint Paul Bureau of Fire rrotection, and on April 19, 1959,
said employee sustained a cerebral vascular accident and has
been totally disabled from April 19, 1959 to date; and
WHEREAS, it is the employee's claim that he suffered a
personal injury or occupational disease or condition which
he alleges arose out of his employment as a fire engineer and
fire fighter for the City of Saint Paul, within the meaning and
terms of the provisions of the Workmen's Compensation Law and
that as a result of said personal injury or occupational disease
or condition he has been totally disabled since April 19, 1959
and that except for the period of time when he was paid full
salary pursuant to the charter of the City of Saint Paul, from
the date of said alleged injury to and including April 15,
1960, he is entitled to full compensation under the terms and
provisions of the Workmen's Compensation Law of Minnesota for
oontinuing disability and for medical, hospital and drug
expenses and cost of transportation to secure same, and for
other benefits and expenses as in such cases provided under
said Workmen's Compensation Law; and
WHEREAS, the City of Saint Paul has denied that the employee
suffered a personal injury or occupational disease or condition
compensable under the Workmen's Compensation Law and denies it
has any obligation to the employee under said law for disability
subsequent to April 19, 1959 to date or in the future by reason
of the aforesaid condition; and
WHEREAS, the office of the Corporation Counsel recommends
that the City of Saint Paul enter into a stipulation and agreement
for settlement of the employee's claim providing for the payment
of the sum of $1500 to the employee, without - interest deducatio6,
the employee agreeing to accept said payment in full, final and
complete settlement of any and all claims arising or allegedly
arising out of his claimed personal injury or occupational
disease or condition from on or about April 19, 1959 and its
COUNCILMEN
Yeas Nays
DeCourcy
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President, Vavoulis
5M 5.60 2
Tn Favor
Against
Adopted by the Council 19—
Approved 19—
Mayor
rt
o
ORIGINALoCjTY CLERK
CITY OF ST. PAUL COUNCIL
OFFICE OF THE CITY CLERK FILE NO—
COUNCIL RESOLUTION — GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
Page 2.
sequelae, copy of said stipulation and agreement for settlement
being attached ha,eto and made a part hereof as fully and completely
as though set forth herein verbatim, now, therefore, be it
RESOLVED, That the proper officers of the City of Saint haul
are hereby authorized and instructed to enter into stipulation
and agreement for settlement with said employee, Michael M.
McDonough, according to the terms hereinabove outlined and as
set forth in the attached Stipulation & Agreement for Settlement,
and to Pay the Award of the Industrial Commission to be issued
in pursuance thereto.
COUNCILMEN
Yeas Nays
DeCourcy
Holland
Loss
Mortinson
Peterson
Mr. President, Vavoulis
5M 5.60 Z
MAR x,1961.
Adopted by the Council 19-
MpR 1961
�ppr ved 19—
4Tn Favor
/1 Mayor
Against
PUBLISHED 6 I
4'�
DUPLICAT
� E 70 PRINTER `.✓✓✓ �� = o CITY OF ST. PAUL COUNCIL NO. L �� 1111LLPPP���
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION — GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
WHEREAS, Michael M. McDonough on April 19, 1959 and for many
years prior thereto was employed as a fire engineer by the City
of Saint Paul Bureau of Fire Protection, and on April 19, 1959,
said employee sustained a cerebral vascular accident and has
been totally disabled from April 19, 1959 to date; ar>d
WHEREAS, it is the employee's claim that he suffered a
personal injury or occupational disease or condition which
he alleges arose out of his employment as a fire engineer and
fire fighter for the City of Saint Paul, within the meaning and
terms of the provisions of the Workmen's Compensation Law and
that as a result of said personal injury or occupational disease
or condition he has been totally disabled since April 19, 1959
and that except for the period of time when he was paid full
salary pursuant to the charter of the City of Saint Paul, from
the date of said alleged injury to and including April 15,
1960, he is entitled to fall compensation under the terms and
provisions of the Workmen's Compensation Law of Minnesota for
oontinuing disability and for medical, hospital and drug
expenses and cost of transportation to secure same, and for
other benefits and expenses as in such cases provided under
said Workmen's Compensation Law; and
WHEREAS, the City of Saint Paul has denied that the employee
suffered a personal injury or occupational disease or condition
compensable under the Workmen's Compensation Law and denies it
has any obligation to the employee under said law for disability
subsequent to April 19, 1959 to date or in the future by reason
of the aforesaid condition; and
WHEREAS, the office of the Corporation Counsel recommends
that the City of Saint Paul enter into a stipulation and agreement
for settlement of the employee's claim providing for the payment
of the sum of $1500 to the employee, without interest deduction,
the employee agreeing to accept said payment in full, final and
complete settlement of any and all claims arising or allegedly
arising out of his claimed personal injury or occupational
disease or condition from on or about April 19, 1959 and its
COUNCILMEN Adopted by the Council 19—
Yeas Nays
DeCourcy
Rolland Approved 19—
Loss Tn Favor
Mortinson
Peterson Maydr
Rosen A gainst
Mr. President, Vavoulis
SM 5-60 4W
DUPLICATE TO PRINTER +
CITY OF ST. PAUL COUNCIL No. __042
CITY
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION — GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
Page 2.
sequelae, copy of said stipulation and agreement for settlement
being attached hreto and made a part hereof as fully and completely
as though set forth herein verbatim, now, therefore, be it
RESOLVED, That the proper officers of the City of Saint Paul
are hereby authorized and instructed to enter into stipulation
and agreement for settlement with said employee, Michael M.
McDonough, according to the terms hereinabove outlined and as
set forth in the attached Stipulation & Agreement for Settlement,
and to lbay the Award of the Industrial Commission to be issued
in pursuance thereto,
COUNCILMEN
Yeas Nays
DeCourcy
Holland
Loss In Favor
Mortinson
Peterson
t,Itesen
Against
Mr. President, Vavoulis
ISM 6.60 .06�,2
toN� ;00j%
Adopted by the Council -n 19—
Approved 19—
Mayor
' fTATI OF K NNtsOTA
ROUSTh" QOMwN10N '
8T. PAUL'i
• �v�N ii► �. Nws�►n�r ,, �
Stile loo. 209964rP /
Michael ' R* MaDotnoUi* Iap10ae
• •�ws- ,, STIP ATIOI h LOS
. -OR . &M. �lT
City of St. -Pa"
(Bureaw or Fire Piloteotioik) , • 1 'e
The parttuo hereto sawing asriTei at an - asicablo adjustment of
'the diffdreatis' amd Uiputw bet.veez pia• h*"ia# ;.d® horibl waive their
rights to a for"' I hearing' bef. a Rot*"* "Ar ,t** 'lndwtrial •Co# mission
and d6 hereby . stipulate and agrei to a torp� ' ' es,'" oment upon the ' :
following terms, and conditions: • , '
• It may be takeh 'sa a 'fast �tia i : oa'April 19.1 1959 'and• f Qr many
,ears prior thereto 'the employee heiil*j fteho4: M. McDonough, was em
r. ploTed attT a ,tire• engiaeeac by tho Cif► - (Bureau of 'lire •Proteot-ion)
and 'to&* 'JL• Mu •sa 'iaPYc rat os• •i is friot 40 Aprii 191 4959•
'•ti J 000 . pis'. w.
�' •' � •. • ice/ . .• � .. I • t ' •• •• 1
....• It m4 bt farther •takes as a tit th :'oad',�pril 199 '1959 and at •
all boss satirAal• hirsia',, thi 4414sx:v 4siiT it ! ,- P&q1 �"au df fit*'.
Proteetian); was d iel!` itis'ii •ti 1i •term awl provisions• oft '
Wo�6rs's Compensation haw. of MaslesToM6
• It may �• furth*i .taken •*a. 1 ktai fha� "the• eirplo�ee bsreiA -suq-
taiuutd a' borebral vaacular alsoidatah mad poSVI. V1 '• a'•oeribral•'tk*mbosis as
G Well as sorpaary i#suffic omw 'with • oasit oft or a*mt . April 199 1959. and
t"i- thi implayee 44 a direct' Md" p�r"Jo t of bhe aforesaid oondi-
tion has• bset� temporarili •and 'tetally dfsalkli�' try April 19, 1959 to date
.and will resmsia so di�lalled for •aa• tUm. iu the' future and aWy .
be peraanently and totally disabled as a result :.thirrfrom.
It-1s, 'th� a *110. 's liar_ it 46d1 #iatmUm that he suffered a
personal, or occupatio al• tjie6*6 -at **edition Wish be gll*Ww
' arosi •gut. eZ a loTmiris'' as 1�ry' ti!-: ` a" t� �; filliter for Us,
1
City of. �3: Iasi (btiresxt at - Seri)., .wig • e�set• . �n it .aboFt 1pril
10 t,• 1959 "Oft the seas' tig l X. ` „ � . ~ ,. j it ions 'of 15! x.011,
SUM..* .15 % Wand
fy satioea Li►w
.
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• r 'M r ' w• _ • _._ .. • ' �' :a - -x «c+r ire! _ w' t. x ..i , . a..... _... .z
permanently and totally disabled as a result of th.e aforesaid personal
injury.
X..
It is the employee's further claim and contention that Jie may
be in-heed of further medical treatment. apd'care'for an indefinite time
in the future and may incur additional medical, hospital and drug expenses
in the future to further cure or relieve from the. result of *the aforesaij
claimed 'personal injury or occupational disease or; condition.
XI.
The employee alleges and the employer admits due• amd statutory
notice and knowledge of.the employee's claimed condition.
• .XII.
The employer•denies'that•the employee suffered a personal injury
or occupational disease or condition• compensable under the Workmen's Com-
pensation Law of Minnesota and allegess that the condition from which the
employee is suffering is due to a progression of an underlying circulatory
or disease process wholly unrelated to the employee's employment Por the
City of St. Paul �Biireau of Fire Protection), or is.-due to natural --auses,•
or to caudes •foreign• to such employment.
XIII. ,
In view of the denial of'primary liability, the employer herein
denies•that it has any.obliption under the Workmen's Compensation'Law of
Minnesota to the employee for disability.subsequent to April 19, 1959 to
date or in the future by reason of the condition from which the employee
is suffering either by way of causation, aggravation,.precipitation, or
a.celeration.
XIV.
The employer herein, ih 'view of its denial of primary liability,
further denies that it has any obligation.under� the Workmen''s Compensation
Law of Minnesota for,payment of medical expenses to or on behalf of the
employee to cure or relieve from the result of the condition from which he
is suffering. .
• XP.
The employer further alleges that they have fully discharged
their obligations to the employee in accordance' with the terms and Pro-
visions of his dontiact of employment with the City of St. -,P.:l •.and pur-
suant to.the oharter of the City of St. Paul by payment to the employee
of full salary for a period of T months up to and including ,
11 1 Imp
eerb��U
P ®tii�ells�tall�1�1 1. "�� r6i11i�
7!,
'x'1\ .�Y1?
A".Vtg3Pyagl L- ��t-_' O��a.r�•�..�����...�����a.�.��� o
1 1 + U 1 1 { fl'
I�ncorpOrated herein enc�:.�aac�e� s „pert hereof by reference is the
entire records ,file and proceedings. on- file with the Industrial Commission
of Minne Sota . ` '
• YVI.
In spite of the denial of the employer,. City bf St. Paul
(Bureau of Fire Protection), and it being specifically understood that
said employer maintains its denial of liability,-the employer igrees to
pay to the employee in one lump sum the sum of $1500.00 without interest
deduction and the omployee agrees to.accept said payment in full, fiiaal
,and complete settlement of any and.all.his claims arising or allegQdly
arising out of his claimed personal injury or occupational disease or
condition from on' or about April 19, ' 19$9 and its• sequelae.
It is understood by and between the-partied that from the afore-
said $150000 the employee will pay to Dr. Franz von Z. L:Lszewski in the
event.of non - payment of, said bill by MHSA under the terms and.provisionb
of the-group policy. ' of insurance hereinbefore..mentioned, the sum of-$20.00,
to Dr.-Valentine O'Malley the sum of $454.00, to Dr, Robert M. Merrick the
sum of $152.00 and'to Drs. Chas. Rea•& F. M.'Owens the sum of •$25.00, and
shall apply the balance of the aforesaid sum of$1500•.00 'to .his unpaid bill
at St, Joseph's Hospital in the amounts of $168.75 and $1505.45 less the
allowable credit under MHSa, the aforesaid group policy,-of. $1353.20 or-
the sum of $152.25, and tha`C the balance of the aforesaid $1500.00 shall
be applied as•reimbursement for expenses paid by.the employee herein in
the amount of $109.10 for drugs and' medicine's and the balance, if arty, the
employee -shall retain as and for paymgrit or compsnsation for disability
.herein of any nature and character whatsoever:
XVIII.
The employee on his•.part.undertakes'and agrees to submit for Dr.
Franz von.Z. Laszewski, Dr. Valentine O'Malley, Dr. Robert. M. Merrick, Drs.
Chas. Rea &-F.- M. Owens, and of St. Joseph's Hospital., their bills for pay -
ment under the aforesaid group policy for payment in accordance with the
terms and provisions thereof,. and in support of the bills so submi'tted., re-
lies upon the medical reports of said doctors as full justification for
eligibility for payment of such, bills.'
XTIV.
It is_furlher understood by and-between the parties hereto that
th9 City' of St. Paul (Bureau of Fire Protection),• does' not undertake to
guarantee any of said bills or to indemnify or hold .the employee• harmless
for any expenses he has incurred herein or may-in the future incur.
XZ.
When the payment aforesaid -shall• tig*a''been made for the purpose
aforesaid and proof of payment filed with the Industrial Commission of
Minne s.ota, it shall • constit-ute .full, final and complete 'settlement of any
and all employee's claims hereig arising or allegedly arising out•of'his
claimed personal injury or occupational di,bease or condition of on or about
April 19, 1959, including any claims for temporary total or temporary parti,
disability, permmianent partial disability, general physical disability, or
permanent tot al' disability; and any claims for medical, hospital and drug
i v
1
n
expenses which the employee has incurred or may incur in the future.
r,rHER. ;FUL3r;, the parties hereto' respectfully request triat the
lnduL,trial Commission of T•Iinnesota approve the foregoing stipulation
and issue it its order and award in accordance with the terms thereof.
Dated at 31 ,-aul, Minn., this
151b clay of January,- 1)61.
Michael M. 'Icionough, �,lnplioyee
Charles C. rye : scree -�
Attorney fc r M.� lcye e
C12Y OF uA', rALAI
Jonald L. La is
Asst. Corporation Counsel
City of bt. Paul
cat —Aft a AW 43