Loading...
Resolution 76-15036 Po C..) 4 v �!4 ' llett RESOLUTION NO. 76-15036 Y I fi N �it'S O 'FIGt: A RESOLUTION AUTHORIZING ACCEPTANCE OF AND ENTRY INTO OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKMEN'S COMPENSATION CLAIM OF MICHAEL BLUM AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on March 12, 1975, one MICHAEL BLUM, a former City of Miami Beach employee, suffered multiple hernias and other injuries while lifting heavy equipment, and WHEREAS, said former employee was examined by Dr. Leo Grossman and treated by Drs. Tachmes, Manheimer, Dangremond, Griess and Feinstein. It was determined that Claimant has a ten (10%) per cent permanent partial disability of the body as a whole, and WHEREAS, the City Attorney has determined and recommended that it is in the best interest of the City to enter into a settlement under the provisions of FSS § 440.20 (10) , as amended. Such settlement calls for the payment by the City to the former employee of the sum of $3,835.00. $2,950.00 of this amount to the Claimant represents a final settlement of any and all past, present and future compensation and medical benefits; due him under the Workmen's Compensation Law. $885.00 is to be payable as a reasonable Attorney's fee, and • WHEREAS, the Order of the Judge of Industrial Claims approving such a 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 herein before set forth; • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Attorney be authorized to enter into final settlement as approved by a Judge of Industrial Claims, and the Mayor, City Clerk, Finance Director and the City Attorney be and they are hereby authorized and directed to comply with the Order of the Judge approving said stipulation. PASSED and ADOPTED this 5th day of May , 1976. i ` _ MA R Attest: City Clerk OFFICE OF THE CITY ATTORNEY — 1130 WASHINGTON AVENUE — MIAMI BEACH, FLORIDA 33139 'fib SAY _4 pyi 4 13 TO: Frank R. Spence, City Manager DATE: April 29, 1976 FROM: Joseph A. Wanick, City Attorney . SUBJECT: MICHAEL BLUM vs. CITY OF MIAMI BEACH F.I.C. CLAIM #081-38-3655 D/A: MARCH 12, 1975 The City can settle this Workmen's Compensation claim for $3,835.00 as a lump sum settlement. If this case goes to trial, it is probable that a sum in excess of $5,500.00 will be awarded to Claimant, based upon claimed permanent disability, loss of earning capacity and possible future medical care resulting in a greater disability. This 25 year old former employee suffered multiple hernias. and. other injuries while lifting heavy equipment. He was seen at the City Clinic and referred to Drs. Tachmes. Manheimer and Feinstein for treatment. They determined that Claimant has a ten (10%) per cent permanent partial disability of his body as a whole. After considerable negotiations with Claimant's counsel, Mr. Allan D. Fuller, a tentative agreement was reached, subject to City Council approval, to settle this case as follows: 1. $2,950.00 payable to Claimant in a lump sum representing all Workmen's Compensation and medical benefits due him past present and future. 2. $885.00 payable to Claimants counsel, as a reasonable attorney's fee. for a total of $3,835.00 payable by the City in full discharge of any and all claims against the City and all liability under Chapter 440, Florida Statutes. Such settlement would not be subject to modification or review under Workmen's Compensation law. I therefore recommend it to be in the best interest of the City to compromise and settle this claim on the basis outlined. C4S-cff6(le PIK ‘aas n C6- JOSEPH A. WANICK City Attorney AGENDA ITEM Ce -C • DATE Nr,.1 /7 OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIA ORIGINAL RESOLUTION NO. 76-15036 (Authorizing acceptance of final settle- ment agreement re Workmen's Compensation Claim of Michael Blum vs. CMB)