Resolution 12606 RESOLUTION NO. 12606
WHEREAS , on August 28, 1967 one Clarence Eberhart,
while employed as a Laborer by the City of Miami Beach, was
struck from behind by a vehicle which had jumped the curb,
and
WHEREAS, said employee was examined or treated
by the City Physician, Dr. Leo Grossman, Mt. Sinai Hospital,
Dr. Alvin Tobis, and Dr. Samuel Turek, all at the City' s
request, and by Dr. Joel Dennis at the request of said
employee ' s attorney, and
WHEREAS, Dr. Tobis evaluated Mr. Eberhart as
having 10% permanent partial disability of the body as a
whole and Dr. Turek recommended surgical stabilization of
the employee ' s lumbar back, and
WHEREAS, Dr. Dennis assessed Mr. Eberhart as
having 15% permanent partial disability of the body as
a whole, and
WHEREAS, all doctors diagnosed a fracture of
the 4th lumbar vertebra of the claimant ' s spine, 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 total amount of $1, 562 . 00, which is
equal to 17 1/2% disability of the body as a whole including
a reasonable attorney' s fee and payment of Dr. Dennis ' bill,
and
WHEREAS, the Order of the Judge of Industrial Claims
approving said 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
as hereinbefore set forth.
NOW, THEREFORE, BE IT RESOLVED BY THIS CITY
COUNCIL OF THE CITY OF MIAMI BEACH that the Legal Department
be authorized into final settlement stipulation with Clarence
Eberhart and his attorney, and if said agreement is approved
by the Judge of Industrial Claims, the Mayor, and City Clerk
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 2nd day of January, 1969.
{?).
Mayor
Attest:
City Clerk and Finance Director
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