HomeMy WebLinkAboutSteven Gibbons
Augusta Richmond GA
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LAW OFFICES OF
CAPERS, DUNBAR, SANDERS & BRUCKNER
PAUL H. DUNBAR. "'
. ~. FREDERICK,SANDERS
Z1VA P. BRUCKNER IALSO S.C.I
150.0 F'IRST UNION BANK BUILDING
699 BROAD STREET
AUGUSTA. GEORGIA 30901:1454.
OF' COUNSEL,
JOHN D. CAPERS
CARL P. DOWLING
l"'OfiI72~~7542
TELECOPIER 17061724-7776
April 9,' 1996
state Board of Workers' Compensation
270 Peachtree street
Room 529 ..
Atlanta, Georgia 30303-1299
Re: Employee/Claimant:
Employer:
Servicing Agent:
Counsel for Employee/
Claimant:
Counsel for Employer/
Self-Insurer:
Claim Number:
Date of Loss:
steven Gibbons
ci ty of Augusta now known as
Augusta/Richmond County
Palmer & Cay/Carswell
Terrance P. Leiden
Carl P. Dowling
259-23-9360
03/08/95
Dear Sir/Madam:
Enclosed herewith"please find the original .and six copies of
the executed Stipulation and Agreement in connection with the above
referenced matter for your consideration. Although this is a no
liabili ty Stipulation and Agreement and there is.. no Award of
settlement mentioned in the enclosed Agreement, the City of Augusta
now known as Augusta/Richmond County has agreed to pay the Claimant
Twelve Thousand and 00/100 ($12,000.00) Dollars to compensate said
Claimant for any disability suffered and any other claim that he
may have.
If you have any questions, or need additional information,
please do not hesitate to call.
Thanking you, I am
Yours very truly,
,~~a--
Car I P. DO~ng
CPD:cmw
Enclosure
cc: Terrance P. Leiden
Palmer & Cay/Carswell
City of Augusta now known as Augusta/Richmond County
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IN THE STATE BOARD OF WORKERS' COMPENSATION
..
STATE OF GEORGIA
cliliIii Number: 259-23-9360.
Employee/Claimant:
STEVEN GIBBONS
Route 3 Box 122 H
.." .'. He~hiibah, Georgia 30815
"J"
. ..
Employer/sel~~Insurer:
CITY OF AUGUSTA
now known. as
~UGUSTA/RICHMOND COUNTY
624 Greene street
Augusta, Georgia 30911
Servicing Agent:
PALMER & CAY/CARSWELL
Post Office Box 841
Savannah, Georgia 31402
Counsel fer Employee:
TERRANCE P. LEIDEN
330 Telfair Street
Augusta, Georgia 30901
Counsel for Employer/
Self-Insurer:
CARL P. DOWLING
1500 First Union Bank Bldg.
Augusta, Georgia 30901
STIPULATION AND AGREEMENT
The. following Stipulation and Agreement is entered into by and
between the above named parties as the full and complete evidence
upon which the State Board of Workers' Compensation may enter an
award in final adjudication of the rights of the parties:
1.
That it is stipulated and agreed that Steven Gibbons, Claimant
herein, was an inmate .in the Augusta City Jail on or about March
8, 1995, and was assigned to a work detail at the North Augusta
.+ . .
.
Material Recovery Facility in North Augusta, South Carolina on that
date.
2 .
That on or about March 8, 1995 the Claimant contends that he
injured his hand when a grapple attached to a loader closed on it.
3 .
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The Employer contends, however, that the injuries suffered by
the Claimant, if any, are not compensable in that the Claimant was
a prison inmate and not considered an employee under the Worker's
compensation Act.
4. .
The Employer contends. that the Claimant was not involved in
an accident arising out of and in the scope of his employment and
in fact did, not suffer an injury from any accident arising out of
the course of employment.
5.
That the City of Augusta is now known as Augusta/Richmond
County.
6.
That all parties are represented by cbunsel.
7 .
That while there isa bonafide dispute as to whether or not
the Claimant did in fact suffer from an injury arising out of the
. course of employment, the parties heretci expressly stipulate and
agree that the Claimant did not suffer any compensable injury from
any action arising out of and in the course of his employment and,
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accordingly, the Claimant is not entitled to any Workers'
Compensation benefits, including, but not limited to, temporary
total disability benefits, temporary partial disability benefits,
or permanent part~al disability benefits, and this claim is not
compensable.
8 .
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. That it is further agreed that the Claimant,' and not the
Employer, will be responsible for the payment of any medical
'expenses incurred for the treatment of said injures.
Wherefore, the Parties pray:
a. That this stipulation and Agreement be approved by the
state Board of Workers' Compensation as 'the basis of an award in
this claim.
b. That the Board enter and
Award denying compensation.
..d .
:3 day of dr).f'J I 1996.
Respectfully submitted, this
CJ>i;-~ a:t1l~
Steven Gibbons
/~~A~.
Carl P. Dowling .
Attorney for EmployerjSelf-
Insurer
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