51-2
<br />IF,onday, February 26th.1 1934
<br />Board met in regular session at 3 P. M1. rr. Dick Johnson absent. MiInutes
<br />of me etinp held Tonday, February 191th., 1934, read and. approved.
<br />The Board approved the Excavation Bond in favor of Ferdinand Futter
<br />in the sum of 1,000.00 signed by lt-etropolitan Casualty Insurance Company.
<br />The lloaro approved pa7T.roll claims for various departments in the sum, of
<br />��5,483.72 and. hereby or0ers City Controller to pay same.
<br />The Board approved claims for v?ri.ous departments in the sum of $314.05
<br />and hereby or ers City Controller to pay sare as soon as possible.
<br />The Board approved claims for materials and supplies for C. W. A. Work
<br />in connection with Cit-7 ail and Fire Stations in the sum of 138.37.
<br />Uity Attorney, I. S. Romig, and attorney George A. Schock, attorney for
<br />Steve Sypachelski, were ere sent in the matter of the agreement in the settlement of
<br />d ^ma ges sustained. by said Sypacha l sk i while employed in the Street Department. Upon
<br />the recomrwnd.ation of City-ttorney, I. S. Romig, the Board approved the following
<br />agreement:
<br />ate. to of Ind mane )
<br />St. Joseph County) SS
<br />City ,o-f gout h Ben d. )
<br />Stipulation and preement
<br />This agreement enteredinto by and between the Board of Public "Yorks
<br />of the Civil City of South Bend., Indian:, and Stave Sypchalski, of the City of South
<br />Bend , Indiana, this 19t h. , d=-y of February, 1934, 'IITTSSFTH:
<br />That on the 20 th . , day of February, 1933, the Board of Public {+orks of the
<br />Civil CitT, of South bend, had under its superv-sion and direction a subsidiary and.
<br />Department of the said. Civil City of Routh bend, to=wit : The Street r-epartment of the
<br />said City and that on the %Oth . , & IT of February, 1933, the said Street Department
<br />had as one of its employees on the regrular payroll. of said -�'epartment and Board of
<br />Public Uorks, one Steve Spychalski, residing at 416 South Grant Street, in the State
<br />and county and City aforesaid, who was employed as a laboroer and received the average
<br />weekly wage of Twenty-four ($24.00) Dollars and that on said. .date, while said Steve
<br />Spych lski was regularly employed in thr course of ris duties as e laborer and was
<br />loading cinders with a work crew at the ''ater 111,orks Pumping Station on South Olive
<br />Street in said City un; per the direction of said Street Department and Board of Publie
<br />Works, he - the. said %teve Spycha-Iski, T?as injured in t} e follaring manner, to -wit: .
<br />cinders ^nd refuse from a cinder dump which - e was elpinp to reduce were blown in a-nd-
<br />u-oon the right eye of said Steve Spychalski.
<br />it i. s further understood and agreed by and between the said parties that
<br />the 1.vou hd and irritation soused- thereby gr-dual ly ,reduced the sight of the said eye
<br />until the eyesight was ant irel�,T lost to said optic and that the superintnedent and
<br />foreman of s^i-d Street '�epartme_n_t -'nd members of the Board of Public Works at said
<br />time were aware of sus_ injury a.nd the subsequent loss of the eyesight of the right
<br />eye of the said Steve Spychalski.
<br />It is further agreed that the sai c �- teve Spychalski eras sufferings from
<br />irritation anc i.nflemation in his ri °ht eye for several days prior to February 20,
<br />19339 as a result of infection sustained TThile 'not employed by the said Street liepart-
<br />ment and that the accident set out in the foregoing was not the sole causation of
<br />the loss of the sight in said optic but was en aggravation thereof.
<br />It is further agreed. btT am between the sai d Board of Public Works and
<br />the sa. id Steve Spycha lski, that in view of t he pa rti al responsibilit y to the sa id
<br />City for the loss of sai e eyesight in said Spychalski's optic, the said Board of
<br />Public "orks and Spychalski are desirous of effecting a compromise cash settlement
<br />for all damages incurred in the course of Spych,:lski's employment old the 20th., day
<br />of February, 1933, ens subsequently thereto and*_ until the date of this agreement
<br />Pnd it is further agree that a reasonable. cash settlement is Rine hundred (1900.00)
<br />Dollars in addition to medical bills incurred by the said Spychalski to be paid by
<br />the said Civil City of South Bend. anc' its Board of Public YVorks, said payment to be
<br />made to the said- Steve Spychalski within ten days frm the date of this agreement
<br />and.:.its approval by the Industrial Board of Indiana.
<br />That a. resolution has been adopted by the said Board as of this date,
<br />authorizing the City Controller to make payment of the said Nine Hun(-�red Dollars to
<br />said Steve Spychalski and. for fees to physicians attending him subsequent to the date
<br />of sai c accident.
<br />It 1.5 therefore stipulated am agreed by am between the Civil City of South
<br />Bend ens' its Board of Public Works and the said Steve Spychalski that the Civil City
<br />shall pay ens the said, 'Spychialski agrees to accept the sum of Nine Hundred Dollars j
<br />together irith medical fees payable within ten days from this date, subject to the j
<br />approve 1 of the Industrial Board of Indriana for all damages incurred by him while in
<br />the employ of the Street Department, a subsidiary and liepertment of the said Board of
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