Resolution 78-15557 RESOLUTION NO. 78-15557
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN'S COMPENSATION CLAIM OF CHARLES
THROWER AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on September 9 , 1977, one CHARLES THROWER, a
former City of Miami Beach employee, suffered injuries to his back
and leg in the performance of his duties, and
WHEREAS, said former employee was examined by Dr. Leo
Grossman and treated by Dr. Robert A. Metz and examined by Dr.
Charles Weiss; it was determined that Claimant has a six percent
(6%) permanent partial disability of the body as a whole, and
WHEREAS, the City Attorney has determined and recommen-
ded that it is in the best interests of the City to enter into a
settlement under the provisions of Florida Statutes 5440. 20 (1) , as •
amended; Such settlement calls for the payment of the City to the
former employee of the sum of Four Thousand Eight Hundred Dollars
($4, 800. 00) ; 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; and
a reasonable attorney' s fee to be Twelve Hundred Dollars ($1, 200. 00) ,
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 Commission deems it to be in the best
interest of the City to enter into a final settlement stipulation
as hereinabove set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the City Attorney be and he
is hereby 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 1st day of March , 1978 .
/a •
Mayor
Attest:
City C erk
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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TO: Dodd A. Southern, City Manager
FROM: Joseph A. Wanick, City Attorney
DATE: February 22, 1978
SUBJECT: CHARLES THROWER vs. CITY OF MIAMI BEACH
CLAIM NO. 265-15-4828
D/A: 9/9/77
The City can settle this Workmen' s Compensation claim for
Four Thousand Eight Hundred Dollars ($4, 800 . 00) as a lump
sum settlement less attorney' s fees , which will be an
additional Twelve Hundred Dollars ($1,200. 00) . If this case
goes to trial, it is probable that a sum in excess of the
agreed settlement will be awarded to the Claimant based on a
claimed permanent disability, loss of earning capacity, and
possible future medical care resulting in a greater disability.
This 25 year old former employee suffered injuries to his
' back and leg when he slipped and fell while moving a trash
barrel while working in City Hall.
Mr. Thrower was seen by Dr. Metz and referred for a diagnosis
to Dr. Charles Weiss. Dr. Metz determined that Claimant has
a 7% permanent partial disability of the body as a whole.
After considerable negotiations with Claimant' s attorney,
Mr. Bernard Shapiro, a tentative agreement was reached
subject to City Commission approval, to settle this case as
follows:
1. $4, 800 payable to Claimant in a lump sum
representing all Workmen' s Compensation,'
including temporary total payments and '
permanent partial disability payments,
and medical benefits due him past, present
and future;
2. Claimant' s attorney' s fee to be $1,200;
for a total of $6 , 000 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. `•
A /
JOSEPH A. WANICK, City Attorn y
Prepared by THEODORE J. I R
Assistant City Attorney
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
ORIGINAL
RESOLUTION NO. 78-15557
(Authorizing acceptance of Workmen's
Compensation Claim of Charles Thrower
vs. CMB)
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