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Resolution 78-15574 RESOLUTION NO. 78-15574 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKMEN'S COMPENSATION CLAIM OF JOSE MARTINEZ AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on December 10 , 1975, one Jose Martinez , a retired former employee of the City of Miami Beach, suffered injuries to his head and chest in the performance of his duties , and WHEREAS , said former employee was examined by Dr. Leo Grossman and treated by Dr. Horacio R. Suarez; it was determined that the 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 interest 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 $4, 043; 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 $1, 500 , 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 . Mayor Attest: n City Clerk OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 4 tf TO: Dodd A. Southern, City Manager FROM: Joseph A. Wanick, City Attorney DATE: March 10 , 1978 SUBJECT: Jose Martinez v. City of Miami Beach • Claim Number 264-09-3415 D/A: 11/10/75 The City can settle this Workmen' s Compensation claim for $4, 043 as a lump sum settlement less attorney' s fees which will be an additional $1,500. The City has already paid to the Claimant the sum of $2, 021. 25 for a disability rating of the body as a whole. Of this said amount, the Claimant has returned to the City for discharge of its equitable lien against him the sum of $1, 106. 28 . 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 59 year old retired employee suffered injuries to his neck, back .and chest when involved in an automobile accident while working for the City. Mr. Jose Martinez was seen by Dr. Grossman and Dr. Suarez. Dr. Suarez determined that the claimant has a 5% permanent partial disability of the body as a whole. After con- siderable negotiations with claimant' s attorney, Mr. Murray Meyerson , a tentative agreement was reached subject to City Commission' s approval to settle this case as follows : 1. $4 , 043. 00 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 $1,500 . 00; for a total now payable by the City of $5, 543 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. Z therefore recommend it to be in the best interest of the City to compromise and settle this claim on the basis outlined. /0/06 • ,(101161 JOSEPH A. WANICK, City Attorn y JAW/TJS :pc Prepared by: THEODORE J. SILVER Assistant City Attorney AGENDA ITEM L. DATE -15-7 OFFICE OF THE CITY ATTORNEY-1790 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 ORIGINAL RESOLUTION NO. 78-15574 (Authorizing settlement of Workmen's Com- pensation Claim, Jose Martinez vs CMB) li