Resolution 12492 RESOLUTION NO. 12492
WHEREAS , on February 23 , 1968 , one Rogie Davis , while
employed by the City of Miami Beach was injured when he slipped
and fell on steel beams in the Convention Hall , and
WHEREAS , the injuries were diagnosed as fractured 8th
and 9th left ribs , lumbo-sacral back sprain , contusion and sprain
of the right ankle and torn medial meniscus of the right knee , and
WHEREAS , the said employee underwent surgery for removal
of the medial meniscus of the right knee in April , 1968 , and
WHEREAS , in the judgment of Dr. Lyle Russell , M. D. ,
F.A. C. S. , an examining and treating physician , to whom the
claimant was sent by the City, Mr. Davis has sustained a 10%
permanent partial disability of the body as a whole , and
WHEREAS , the said employee was treated by Dr. George L.
Turke , whose diagnosis is in substantial accord with that of
Dr. Russell , and
WHEREAS , if the said employee is successful in his
Workmen' s Compensation case , the City might well be liable to pay
workmen's compensation benefits in excess of $5 ,000. 00 , and
WHEREAS , it is felt by the legal department that it is in
the City' s best interests to enter into a compromise settlement
stipulation under the provisions of Florida Statutes §440. 20 (10) ,
as amended 1967 , such settlement to be as follows: $2 ,036. 00 to
the claimant in one lump sum, in payment of all compensation and
medical benefits due; $600. 00 to claimant' s counsel as an attorney' s
fee; $194. 75 to Dr. George J. Turke , M. D. for services rendered
claimant; and payment of all outstanding authorized medical bills ,
and
WHEREAS , the payment of the sums hereinbefore set forth
will discharge forever the City' s liability of every description
for past , present and future Workmen' s Compensation benefits
payable as a result of the accident of February 23 , 1968 , 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
interests of the City to enter into a final settlement stipulation
upon the terms hereinbefore set forth;
NOW, THEREFORE , BE IT RESOLVED BY THIS CITY COUNCIL OF
THE CITY OF MIAMI BEACH, FLORIDA, that the legal department be
authorized to enter into a final settlement stipulation with
Rogie Davis and his attorney , and if said agreement is approved
by the Judge of Industrial Claims , the Mayor and Finance Director
and Insurance Manager be and they are herebyauthorized and
directed to comply with the Order of the Judge approving said
stipulation.
PASSED and ADOPTED this 31st day o July ,1968.
V
Mayor
ATTEST:
ity Clerk and Finance Director
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RESOLUTION NO. 12492
WHEREAS, on February 23 , 1968 , one Rogie Davis , while
employed by the City of Miami Beach was injured when he slipped
and fell on steel beams in the Convention Hall , and
WHEREAS , the injuries were diagnosed as fractured 8th
and 9th left ribs , lumbo-sacral back sprain , contusion and sprain
of the right ankle and torn medial meniscus of the right knee , and
WHEREAS , the said employee underwent surgery for removal
of the medial meniscus of the right knee in April , 1968 , and
WHEREAS , in the judgment of Dr. Lyle Russell , M. D. ,
F.A. C. S. , an examining and treating physician, to whom the
claimant was sent by the City, Mr. Davis has sustained a 10%
permanent partial disability of the body as a whole , and
WHEREAS , the said employee was treated by Dr. George L.
Turke , whose diagnosis is in substantial accord with that of
Dr. Russell , and
WHEREAS , if the said employee is successful in his
Workmen' s Compensation case , the City might well be liable to pay
workmen' s compensation benefits in excess of $5 ,000. 00 , and
WHEREAS , it is felt by the legal department that it is in
the City' s best interests to enter into a compromise settlement
stipulation under the provisions of Florida Statutes §440. 20 (10) ,
as amended 1967 , such settlement to be as follows: $2 ,036. 00 to
the claimant in one lump sum, in payment of all compensation and
medical benefits due; $600. 00 to claimant' s counsel as an attorney' s
fee; $194. 75 to Dr. George J. Turke , M. D. for services rendered
claimant; and payment of all outstanding authorized medical bills ,
and
WHEREAS , the payment of the sums hereinbefore set forth
will discharge forever the City' s liability of every description
for past , present and future Workmen' s Compensation benefits
payable as a resultof the accident of February 23 , 1968 , 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
interests of the City to enter into a final settlement stipulation
upon the terms hereinbefore set forth;
NOW, THEREFORE , BE IT RESOLVED BY THIS CITY COUNCIL OF
THE CITY OF MIAMI BEACH, FLORIDA, that the legal department be
authorized to enter into a final settlement stipulation with
Rogie Davis and his attorney , and if said agreement is approved
by the Judge of Industrial Claims , the Mayor and Finance Director
and Insurance Manager be and they are hereby authorized and
directed to comply with the Order of the Judge approving said
stipulation.
PASSED and ADOPTED this 31st day o July ,1968.
OC ./ Mayor
ATTEST:
Ail /. / /
/ Or, / �,
ity Clerk and Finance Director
1