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Resolution 78-15573 RESOLUTION NO. 78-15573 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH DAWNILL MOBLEY AGAINST THE CITY OF MIAMI BEACH. WHEREAS , on June 29 , 1977, one Dawnill Mobley, a former City of Miami Beach employee, suffered injuries to his back in the 'performance of his duties , and WHEREAS, said former employee was examined by Dr. Leo Grossman and treated by Dr. Alen Gordon; it was determined that Claimant has a five percent (5%) permanent partial disability of the body as a whole, and WHEREAS, the City Attorney has determined and recom- mended that it is in the best interests of the City to enter into a settlement under the provisions of Florida Statutes §440 . 20 (10) , as amended; such settlement calls for the payment of the City to the former employee of the sum of $3 ,478 . 65; 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 $869. 67, and WHEREAS, the Order of the Judge of Industrial Claims approving such settlement stipulation will not be subject to modification or review, and WHEREAS, the City Commission deems it to be in the best interests 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 15th day of March , 1978 . d - ; s: Mayor Attest: -:L/)t/2 City Clerk OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 TO: Dodd A. Southern, City Manager DATE: March 9 , 1978 FROM: Joseph A. Wanick, City Attorney SUBJECT: DAWNILL MOBLEY v. CITY OF MIAMI BEACH CLAIM NO. 266-08-8351 D/A: 6/29/77 The City can settle this Workmen' s Compensation claim for Three Thousand, Four Hundred and Seventy-eight Dollars and sixty-five cents ($3 ,478. 65) as a lump sum settlement , less attorney' s fees, which will be an additional Eight Hundred and Sixty-nine Dollars and sixty-seven cents ($869. 67) . 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 which may result in a greater disability. This 26 year old former em- ployee suffered injuries to his back and spine when he fell while 'riding in the back of a truck during his work duty on the golf course. Mr. Mobley was seen by Dr. Leo Grossman and referred to Dr. Alen Gordon. Dr. Gordon determined that the Claimant has a 5% permanent partial disability of the body as a whole. After con- siderable negotiations with the Claimant' s attorney, Mr. James Gray, a tentative agreement•was reached, sub-ject to City Commis- sion approval, to settle this case as follows : 1. $3 ,478. 65 payable to Claimant in a lump sum representing all Workmen' s Compensation , including temporary total payments and permanent partial disability payments and medical payments due him past , present and future. 2. Claimant' s attorney' s fee to be $869. 67; for a total of $4, 348. 32 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. 04f '4 (&n JOSEP A. WANICK, City t orney JAW/TJS:pc Prepared by: THEODORE J. SILVER Assistant City Attorney OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH.FLORIDA 33139 ORIGINAL mi RESOLUTION NO. 78-15573 (Authorizing settlement of Workmen's Com— pensation Claim, Dawnill Mobley vs CMB) • 11 11 4