186062 •
Original to City Clerk •
CITY OF ST. PAUL FOEUNCIL NO. a{ c �
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONER /L DATF
WHEREAS, John Watzl, prior to his retirement on
November 4, 1955, was employed as a Fire Captain in the
Department of Public Safety of the City of Saint Paul ; and
WHEREAS, during the course of his employment on
August 9, 1954, said employe suffered a heart attack; that
he was not immediately disabled for work, but on June 5, 1955,
he became disabled and was off duty until his retirement ,
and that his physical condition is such that he would never
be able to again perform the duties of a firefighter for the
City; and
WHEREAS, in connection therewith, the office of the
Corporation Counsel has negotiated a compromise settlement
with said employe, ' in accordance with the terms of the Stipula-
tion which is attached hereto and made a part of this resolution
by reference; and •_ _e_:7
RESOLVED,
WH•ETEAS, the recommendation of the Corporation
Counsel's office that the proper City officers be authorized
to enter into such Compromise Settlement on behalf of the City
of Saint Paul.
Council File No. 186062—By Robert F.
Peterson—
Whereas, John Watzl, prior to his
retirement on November 4, 1955, was
employed as a Fire Captain in the
Department of Public Safety of the
City of Saint Paul; and
Whereas, During the course of his
employment on August 9, 1954, said
employe suffered a heart attack; that
he was not immediately disabled for
work, but on June 5, 1955, he became
disabled and was off duty until his
retirement, and that his physical con-
dition is such that he would never be
able to again perform the duties of a.
firefighter for the City; and
Whereas, In connection therewith,
the office of the Corporation Counsel
has negotiated a compromise settle-
ment with said employe, in accordance
with the terms of the stipulation which'
is attached hereto and made a part of,
this resolution by reference; and be it I
Resolved, Upon the recommendation
of the Corporation Counsel's office,
that the proper City officers be auth-
orized to enter into such Compromise
Settlement on behalf of the City of FEB
Saint Paul.
COUNCILMEN 1958dopted by the Council February 5,
Adopted by the Council 3 j 1,,�,, 195_
Approved February 5, 1958.
Yeas Nays (February 8, 1958)
FEB E 7 5 C n
1353
DeCourcy
Holland Approved 195_
In Favor
Mortinson _ •
Peterson Mayor
Rosen Against
Mr. President, Dillon
5M 2-57 2
Duplicate to Printer 81 ii 16
•
CITY OF ST. PAUL FILE
OUNCIL NO.
• OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONER DATF
WHEREAS, John Watzl, prior to his retirement on
November 4 , 1955, was employed as a Fire Captain in the
Department of Public Safety of the City of Saint Paul; and
WHEREAS, during the course of his employment on
August 9, 1954, said employe suffered a heart attack; that
he was not immediately disabled for work, but on June 5, 1955,
he became disabled and was off duty until his retirement,
and that his physical condition is such that he would never
be able to again perform the duties of a firefighter for the
City; and
WHEREAS, in connection therewith, the office of the
Corporation Counsel has negotiated a compromise settlement
with said employe, ' in accordance with the terms of the Stipula-
tion which is attached hereto and made a part of this resolution
by reference; and be it
RESOLVED, upon
SEAS, it—ls the recommendation of the Corporation
Counsel's office ,that the proper City officers be authorized
to enter into such Compromise Settlement on behalf of the City
of Saint Paul.
FEB 5 M
COUNCILMEN Adopted by the Council __ 195_
Yeas Nays
J FEB DeCourcy r ��J 757
.� �
Holland Approved 195_lraiell
In Favor
Mortinson
Peterson Mayor
Against
Rosen Winkel
Mr. President, Dillon
5M 2-57 .,ate),;,2
1
10) °
STATE' 03 mINN830TA
INDUSTRIAL COmMISSION OF MINNSSOTA
Division of Workmen's Compensation
State Office Building, St, Pawl 1
John Metal,
his Y+e..
STIPULATION FOR FINAL
vs. CadERQUILIWILMEL
city of Saint Paul,
Employer.
The parties hereto being, desirous of effecting an
amicable compromise disposition of their differences herein
and of avoiding the uncertainties, delays and expense inci-
dent to litigation, have negotisted as betweeen themselves
and through their respective counsel a stipulation for final
compromise settlement of the matters in controversy herein
upon the following terms and conditions;
1954 John Wstsl we* an employe of the Firs Department August.e
1,. That on and prior to the 9th
�r s D�epartwent of
the City of Saint Paul, D.par m ent d Public Safety, as a
Fire Captain at a monthly salary of $405.40 under a Minnesota
contract of hire.
2. That on August 9, 1954, while in the course
of his duties fighting a fire at 113 Colette, St. Paul.
Minnesota. employe suffered a personal. injury the nature
of a heart attack, which was not immediately disabling.
That the heart condition persisted after the incident en
August 9, 1954, and on June 5 1955, the employe became dis-
abled and was off duty until the date of his retirement, which
was November 4, 1955.
3. It is agreed by and between the parties hereto
that the employer herein bad notice and kne misd re of the
personal injury of August 9, 1954. within a period of ninety
(90) days from and after the inception thereof.
4. It is agreed by and between the parties hereto
that the physical condition of the employe herein is such that
he would never and will never be able to again perform the
duties of a firefighter for the City of Saint Paul.''
5. Since November of 1955, the employe has been
able to obtain work at a bank at a *testing salary of $225
per month, and, in consequence„ has suffered a substantial
diminution of his wages over that precariously received ss an
employs of the City of Saint Peeul.
•1•
6. The employ* contends and alleges that all of
his disability, disable ►nt and diminution of w es was
caused by and/or contributed to as a re t of the personal
injury sustained as on employe of the City of Saint Paul.
This contention. the employer doles.
7. That the employe alleges that he is disabled
as a result of tha alleged personal injury on duty occurring
on August 9, 1954. which disability the employe alleges is
permanent. Tb. foregoing allegation of the employs La denied
by the employer here n.
8. That the medical report of Dr. John F. Briggs
to John Natal, dated May 2, 1956. a copy of which
as heretofore bee filed with the Industrial Comaissialit is
made is part of this stipulation by reforencs, with the *axe
fors* and .f f+act as if it were set .forth herein in detail
and at length.
1't is further stipulated and agreed Wen bby
and between.employer and employ* heroin that. in ardor to c. e-
mi se the differences betw rr n foyer and employ* and to rear
a full. final and c ,l ette settlement herein. the employer ni11
pay and the 'employ* .l acc t the sum of $5,000, **Presenting
payment of compensation 41 144 310 west schedule, loos 21 weeks
for which employ* has been paid full salary, or 219 weeks
temporary partial disability at $18.00 per week amounting to
$4e,335, with the_remainder of S665.00 for future medical
treatment and car•, without interest thereeni that said pegimmot
of $5.000 shall be in full. final and complete compromise
settlement, discharge and satisfaction of any and all elaiws
that 'splay* now has or may hereafter have on **count of any
and all injuries or disabilities sustained by him while an
employe of the City of Saint Paul, and that said amount shall
bw-accepted by the employs in full settlement and release of
Woo City of all claims now existing r in the future arising
out of his employment with said City.
It is further stipulated and agreed that in addition
to the sum of $5.000.00 to be paid to the emplo e, the City
will also reimburse the omploye in the amount of $215.
for expenditures made by him in connection with care and
treatment for his cardiac condition.
10. That the employer has heretofore paid sumo
for medical oxamination. care and treatment of the I mpleyyse
in the amount of $247.00.. and that there are no other out-•
stands or unpaid bills for medical care or treatment of
the employe.
WRIRSPOSJI. the parties hereto mutually petition the
Industrial Commission of Minnesota to approve the foregoing
-2.
stipulation for final comprise settlement and pray that
said Commission issue its *ward in conformity with the
torms hereof.
Dated January 30. 1958
John a *
dual,* Iftsidsc
Compensation Attorney
Industrial Commission of Minn.
stag► Office Wilding
St. Paul 1* Minnesota
Attorney for **ploys
Robert O. WO:moon
Assistant Corporation Counsel
316 Court House
St. Paul * StinnamOs
Attorney for Employer