13221 RESOLUTION NO. 13221
WHEREAS, on September 5, 1968 and February 6,
1969, Arnold Bell, while employed by the City of Miami
Beach, Refuse Division, had various injuries, and
WHEREAS, the injured employee was examined
and/or treated by the City Physician, Dr. Leo Grossman,
and by Drs. Jack W. Barrett, Lyle W. Russell, all at the
City' s request, and Robert G. Gilbert, at claimant ' s
request, and
WHEREAS, the City had accepted and paid claimant
for a 5% permanent partial disability of the right upper
extremity, and
WHEREAS, after trial before Judge Harum, it was
ordered that the City pay the employee a disability rating
of 10% of the body as a whole based upon loss of earning
capacity, and
WHEREAS, the City is held liable for future medical
care and treatment to this employee, as well as any probability
that his earning capacity may deteriorate further based
upon a worsening of his physical condition, and
WHEREAS, if this matter is permitted to be further
litigated, the City might well be liable to pay workmen' s
compensation benefits in excess of $3500. 00, plus a 30%
attorney' s fee, all in excess of those sums the City has
been ordered to pay, and
WHEREAS, it is felt by the Legal Department that
it is in the best interest of the City to enter into a
compromise settlement stipulation under the provisions of
§440.20 (10) , Florida Statutes, such settlement to be in
the total amount of $1233. 00, payable to the claimant and
his attorney, and
WHEREAS, the payment of the sum hereinabove set
forth will discharge forever the City' s liability of every
description for past, present and future compensation
benefits payable as a result of the accidents of September
5, 1968 and February, 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 Arnold Bell and his attorney, and if said
agreement is approved by the Judge of Industrial Claims,
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OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139
the Mayor and Finance Director be, and they are hereby
authorized and directed to comply with the Order of the
Judge approving said stipulation.
PASSED and ADOPTED this 3rd day of March,
1971.
joie
_ Mayor
Attest:
City Clerk-Finance Director
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OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139