13025 RESOLUTION NO. 13025
WHEREAS, on April 6, 1969, one Keith Smith, while
employed as a lifeguard by the City of Miami Beach, slipped
and fell off a lifeguard stand striking his back, and
WHEREAS, said employee was examined or treated by
the City Physician, Dr. Leo Grossman, North Shore Hospital,
Dr. Alvin Tobis, Dr. Lyle Russell, Dr. Marshall F. Hall,
Dr. J. W. Barrett, all at the City' s request, and by Dr.
Bret L. Lusskin, at the request of the employee, and
WHEREAS, Dr. Russell evaluated Mr. Smith as having
a 20% PPD of the body as a whole, and Dr. Lusskin evaluated
the claimant as having a 25% PPD of the body as a whole, and
WHEREAS, Drs. Hall, Tobis, Russell, Barrett and
Lusskin all made the diagnosis of a spondylolysis, which is
a congenital weakness of the spine, making a back more prone
to extensive injury upon trauma, and
WHEREAS, these physicians feel that Mr. Smith may
need surgery in the future, and
WHEREAS, it is felt by the Legal Department that
it is in the City' s best interest to enter into a settlement
under the provisions of §440.20 (10) Florida Statutes, such
settlement to be in the total amount of $7, 812. 50, which is
equal to 35% PPD of the body as a whole, including a reasonable
attorney' s fee and payment of all medical bills, with the
exception of Dr. Lusskin; leaving the medical benefits to the
claimant, and
WHEREAS, the payment of the sum hereinbefore set
forth will discharge forever the City' s liability for past,
present and future compensation payments as a result of the
accident of April 6, 1969, and
WHEREAS, the Order of the Judge of Industrial Claims
approving the settlement stipulation will not be subject to
modification or review, and
WHEREAS, the City Council deems it to be in the best
interest of the City to enter into a final settlement stipulation
upon the terms hereinbefore set forth;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the Legal
Department be authorized to enter into a final settlement
stipulation with Keith Smith and his attorney, and if said
agreement is approved by the Judge of Industrial Claims, the
Mayor and City Clerk-Finance Director be, and they are hereby
authorized and directed to comply with the Order of the Judge
of Industrial Claims approving said stipulation.
PASSED and ADOPTED this 20th day of May , 1970.
ayor
Attest :
Ruth B. Rouleau
City Clerk-Finance Director C �
B y ` &�-'!!wt, .1 K ( )cr
OFFICE OF CITY ATTORNEY 130 WASHINGTO AVENt>i-MIAMI BEACH, FLORIDA 33139