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198313ORIGINAL TO CITY CLERK CITY OF ST. OFFICE OF THE COUNCIL ESO TI Council l e No. 198313—By Mrs. Donald n M. DeCourdy— ©�(� Whereas, Nicholas M. Bartone, an a38 13 employe of the Board of Water Com- PA' missioners of the City of Saint Paul, vsustained an injury on duty on January IT I22, 1951, and recurrence of said injury on February 16, 1953; and''employe now .G claims that on September 17, 1959, he sustained another injury to his back and that as a result of said aggravation or new injury he sustained an addi- tional amount of permanent disability' to his back and spine of 10 per cent ten, n+ WHEREAS, Nicholas M. Bartone, an employe of the Board of Water Commissioners of the City of Saint Paul, sus- tained an injury on duty on January 22, 1951, and recurrence of said injury on February 16, 1953; and employe now claims that on September 17, 1959, he sustained another injury to his back and that as a result of said aggravation or new injury he sustained an� additional amount of permanent disability to his back and spine of 10 per cent and is entitled to additional compensation therefor; and WHEREAS, the Board of Water Commissioners has paid the medical expense involved in the recurrence or re- injury of September 17, 1959, and has paid compensation on the basis of a recurrence of, the injury of January 22, 1951, and there is a dispute as to the amount of permanent partial disability due the employe; and WHEREAS, the office of the Corporation Counsel recommends that in order to settle the matter, the proper City officers enter into a Stipulation and Agreement for Settlement,, copy of which is attached and made a part hereof by reference as fully and completely as if set forth herein verbatim, which Stipulation provides for the payment to employe of $1,575 for an additional 1C% permanent partial disability to the back and spine, representing 35 weeks of compensation at the rate of $45 per week, in full, final and complete settlement of any and all claims arising `out of employe's accidental injury of January 22, 1951, recurrence of February 16, 1953, and claimed new injury or aggravation of;pre- existing condition of September 17, 1959, and to pay theiAward of the Industrial Commission issued and based on such Stipulation, together with payment to the Special Compensation Fund; now, therefore, it is hereby 1 RESOLVED, by the Council of the City of .Saint Paul, 1 that the proper City officers are hereby authorized and directed to enter into said Stipulation and Agreement for Settlement and to pay the Award of the Industrial Commission based on s Stipulation, i AUG 2 ' COUNCILMEN Yeas Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President, Vavoulis sm a -so 2 Adopted by the Council 19- AUG 2 ! w w DUPLICATE TO PRINTER ` 198313 _ CITY OF ST. PAUL COUNCIL NO. ` OFFICE OF THE CITY CLERK COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY COMMISSIONER DATE WHEREAS, Nicholas M,, Bartone, an employe of the Board of Muter Commissioner$ of the City of Saint .Paul$ sus- tained an injury on duty on January 22, 1951r and recurrence of said injury on February 16, 1953; and employe now claims that on September 170 1959+ he sustained another injury to his back and that as a result of said aggravation or new injury he sustained an additional amount of permanent disabilit to his back and spine of la per cent and is entitled to additional compensation therefor; and WHEREAS# the Board of Water Commis' boners has paid the medical expense involved in the recurrence or re"injury of September 17, 1959. and has paid compensation on the basis of a recurrence of the injury of January 22y 1951, and there is a dispute as to the amount of permanent partial disability due the employe; and WHEREAS, the office of the Corporation Counsel recoramends that in order to settle the matter, fte proper City officers enter into a Stipulation and Agreement for Settlement, copy of which is attached and made a part hereof by reference as fully and completely as If set north herein verbatim, which Stipulation pprovrides for the payment to employe of $1,575 for an additional 1C% permanent partial disability to the back and spine* representing 35 weeks of compensation at the rate of $45 per week, in full* final and complete settlement of any and all claims arising out of employe's accidental injury of January 22, 1951, recurrence of February 16o 1953„ and claimed new injury or aggravation of preexisting condition, of September 17. 1959, and to pay the Award of the Industrial Commission issued and based on such Stipulation, to ether with payment to the $pecial Compensation Fund; nowv therefore, it is hereby RESOLVED, by the Council of the City of Saint ,Paul, that the proper City officers are hereby authorized and directed to enter into said Stipulation and Agreement for Settlement and to pay the .Award of the industrial Commission based on su Stipulation. C, 2 `b COUNCILMEN Adopted by the Coun i 19— Yeas Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President, Vavoulis SM 5.60 2 In Favor v Against AUS 2 Approved 19— Mayor Y� STATE OF• MINNLOOTA . �ou*Tww. ao�+woN nqv M M WOMMMM" MIWQMATM ST. PAUL 1 F1 is Ye., 957441 S r . w w r • • w - w • - r - • • • a • • • • • • • • w • w w - ♦ • • • • • Elobelas No lartos* -Vol" city of Saint Pass (+later Department) vaploys s IMDS4ve=s w w w • — • — • — w • 4P • — • • • • • — — • • • r — • — • • w w — • • fte parties bot'ete waive t1*ir rlgbt to forsal hsari" bo- toss a Qof*fte of the Isdsatrial Oerissiea sal to hereby stipulate sat ages* to eos;irssiso sottleaost of tho dispst*d slats- h*r*ia spwa the fsllowlns tors add sisditisIN. I• It way be take& as a fast, that as Jawaa 229 1951. SLOW- bas H. 9artoso was oaployet sods! s Manosata Oestrast of airs 1y the water Departssnt of tie daily of Sams* Perl MA that sa SbAt tats 1 he sustained as assitostal l osspopwablo s"Or the V*rksoa `e Ooapeaaatioa Law of tfiUnsssta rut eatitliat Ua to a sawp*asation rats of $30.00 per weft sad that said sapleyer rssotsisisrt liability paid soepeasatioa to the espl*ys for a healiad Derisd of 27 -3/56 weeks at the into of '$30.00 per week is the AUMMIS Of $828.00 and paid osw- p*asatica t• said *aplbye for 50 wesks pernwat partial disability at the rage of $30.00 per week is the sea of x900.00 lased Upsz 10% yeramlost partial disability to the saPLs ?s •s b"19 MA apiae a"' Paid to tbs Sosial FWbd too si er w.00. . II. It set be frrther talus u a fast that ea February lie IM the employ* was employed by snit *aplsyer Under a Iftaa000te Of"% of Sirs at a salary eatitliat W to a 0*4peasatioa rat* of $30900 per weer sad that on that tats be wfto"& a re**rresso of Us prior -►ask iQW- Said e0910>rer ataia rosopaiSUW liability - 1 - n uad*r the Workmen Is 0aapossatios Law of Kitooaota paid to the - omployo so %posoati os. for a boalift period of 17 reeks at 430,&00 per tusk in the amosat of 010.00 eat, soyoaaatioa for u additional 10% persas,- oat partial disability to "ploys's beek asd spine, ,a4gtyptiad 200 permanent partial disability$ said oompeasatioa for prrsaaeat partial disabilitt &NOMUS4 to 3o "eke aompuaaatios at 430000 pir' ftek ei' the am *f ,900.00. ,Raid saployes asd iasurer paid to the Iadrstrial 00=16644* of Mausaet* top the boasfit of the ipssial 1`ost ax adds- ti oral 415.009 based, upsm, 2J6 at ire Mditlaasl mount l role tour the peamausat partial disability .and aSPMgatiag.rith what was loroto- tors paid to $be ppeei41 hat. 436.00. It may be trrt ►or taus as a toot tbat $ha ospl+yor sad inanner paid all medieal a" hospital *:piano imorrr*d by the employ* La **anootloa Frith his .aeeLdAatal i awq of Jam w7 2210 1951 and his roourrens* 01wro9f 44 f*brumey lip 19 3. 11 is *myloyo's alai• dad ioatMtioa Lf hat oa �*ptes►es 1 ?, 19"9 #hii* w*stUg for the sass osple.*r at a salary of 836Z.00 per S"'019 he aratdiaod a jorsoaal injury to Zia bask ant spies la the nature of an agg"watioa of his pee- esist"w soaditioa or a a" it sideat Mt tiat am a result of 844 expawat44" of a a" isalleat he sust"aod touporary total disability of 11 weeks all 3 urs ant ssataiaod as additional smouat of p*rnaarat disabiJity t• his book "a wise of 1006 a66se6at1ogvvit1k I*at ho had "*a psrrioral.y bean pail.' 30 peraMeot partial disability to his last and sipiser. ♦. she employe admits that following big pompa LQUT of i*ptosi+s 1 ?. 149" the oaploy+bs hasria has paid to' hie ooa~atias 40 210 for li webs MA 3 " at tbs rate of 130.00' por W' "I' k or for ws of $M.00 and bas paid all bospitaliamd noddeal evsases iasarred is saauostioa with said now injury lasideat, or 69saoatioa of his P"- 03ciatiag oddities. •sbe 'en#loyer -dodos that on :apto"*r 1-7t IM flat ." o .._ . Mp1yo "stained a SOW iajUry or 665raratisn of big pro-existing ssaditiea am 4116604 that tN disability s»bsogloat to septsmbsr 179 19" was a :esusreaso of Oftl*"'s, .os69isal 1aJUX7 Of Jsftary 220 1931 sad *hat w Payment -of the tail #oalias' Pori" of li wetis and 3 dye at the *ate of 130900 Par w"k is offeef oa Jauuar7 229 19614 and full hospital and nodioal ospos"S Me employer bas tally and eoiplotely dissbargod its ebl se to $be eoJiol►o radr Wo Yori- mea'a aomponsatioa Law or Mad000ta. Tlt. The saployer farther spe"Mally alleles that althwgb . the employe has had three laniaeet"doo perform" at the space bo- tweea L4 sad log Us Nplo7s bas sot sustalaod is eze*as of 13"� porpos"S partial disability to his Beek and; sPdno of a , fwetionsl natureg all lSsiaostoalo• having loon Porternod M the Sam dL4kq aaA to* %big positiea "17 •pea tls - Sodioal "Port of De. As i. !O• srsem dat" yrii 269 19609 Till* wbdlo it is to be •pesifioally owe"" that tbi employer foredo oalatalas that the aoplyo's beet diftisulty all stela from e001yo18 aooideatal dajIL17 of January 22, 1"l.aad resurrameis thereef• and that the employe bas borstofore been adgmatoly soupon- sato, for his tomporary and permanent partial disability at the rate of $30000 per wet 1n offset -at the time of said 44Jur7 the eapleyer bersia agrees to pay and the employs agrees to asoaft is owlioa to oeap"Wavios for the healing period and modioaY expeatme box*toforo p469 pagrm•at of the aaaitioaal am of 51,3?5•00 for as additional 1096 peraan•nt p*riial difability t• the beek dad •pies aced raDsra•at- jas •35 woofs •oaD•n•atioi► at the *at• of •$15.00 per rook, said W- seat to bo A& fall, , final and - •eaploq •ettlesent of w 6" &U •mpioyo'• ol+i�• ieroia•ataia•% said employer arisiw out of w 66414atal `iNury of yamsiry 22, 1951, swrss•aoo of lowmary li, 1953. a0d olaisjd a m 1aj7 fr anravatioa of PC•- •si•tisa ooaai- Use of ee1040p T li t , lam•, Said papsata wboW mads, tgstbor With Pa.eat• torototls'a maao for perm wat partial disabillUs •ball Att7 OOSO MOW" for 30% p•rmxa*At partial disaatility to espleyo's Veak wA spice••. U .ev' sat of aPproTrl of 16b; foropfat, otipalatioa 1140 employer atreos to pp- tr do Iaar•tssalr %MMUSI'SaL of HUMSNt• for the b•sefit of the dp"141 E--p Manor two tae •witlesal sw of "14.30 lased up" 0% of the ta•sat "Webb bmsoia for permanent pavuAl disability. r Dated at at. Paul, Mimaos•ti OWL042tda st jaut 1 • otto=*y for Mployo oyez � Own - t) f 4 -