Resolution 78-15580 RESOLUTION NO. 78-15580
A RESOLUTION AUTHORIZING ACCEPTANCE OF
FINAL SETTLEMENT STIPULATION IN CONNEC-
TION WITH WORKMEN' S COMPENSATION CLAIM
OF WILLIAM COLLARD AGAINST THE CITY OF
MIAMI BEACH.
WHEREAS, on February 23, 1974, one WILLIAM COLLARD, a
retired former employee of the City of Miami Beach suffered in-
juries to his head while responding to an emergency call while
in the performance of his duties as a Fireman, and
WHEREAS, said former retired employee was examined by
Dr. Leo Grossman, Dr. Perlmutter and Dr. Magrinat, and it was de-
termined that the Claimant has a permanent total disability, 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 440 . 20 (10) as
amended, such settlement calls for the payment by the City to the
former employee, the sum ,of One Hundred Ten Thousand Dollars
($110, 000. ) to be awarded as set forth by Order of the Judge of
Industrial Claims; this amount represents final settlement of any
and all past, present and future compensation and medical payments
due him under the Workmen' s Compensation Law; and a reasonable
attorney' s fee to be Forty Thousand Dollars ($40 , 000. ) , 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 15th day of March , 1978 .
7
/44
Mayor
Attest:
>z1-7-
City Clerk
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
TO: Mayor, Members of the Commission
and City Manager
FROM: Joseph A. Wanick, City Attorney
DATE: March 10 , 1978
SUBJECT: William Collard v. City of Miami Beach
Claim No. 190-24-2358
D/A: 2-23-74
The City can settle this Workmen' s Compensation claim, which has
been in litigation for several years and which is currently on
appeal to the Supreme Court of Florida, for a lump sum settlement
of $150, 000 : $50 , 000 for compensation, $10 ,000 for future medical,
$40 , 000 to Mrs. Collard for past, present and future nursing care
and attendance, $10 , 000 to Howard Pelsner, Esq. , as Trustee for
the Veterans Administration Hospital bills and all other costs
plus an attorney' s fee of $40 ,000. This case has been to trial
with the Judge of Industrial Claims, at which time the City was
found liable for Claimant' s compensation and past , present and
future medical bills. The City' s Special Counsel, Stephen Slepin,
represented the City at trial, and represented the City in its
appeal to the Industrial Relations Commission, which appeal was
denied. The Claimant has demanded approximately $160 ,000 for
settlement of this case, at which time and after much negotiations,
the above stated settlement of $150,000 was agreed upon subject to
the City Commission' s approval. The Claimant was injured in the
course and scope of his employment sustaining organic brain damage
resulting in permanent total disability. At the present time, the
City is liable to the Claimant for the sum of $75, 000 which is
computed as follows : Compensation for four (4) years, February
1974 to February 1978, approximately $20,000 plus interest of
approximately $2, 400; an agreed attorney's fee of $37 ,500 plus
interest for the two-year period of approximately $5, 000; Costs of
$10 ,000.
The Claimant' s attorney is offering to settle this claim for
$75, 000 above what the City currently owes to the Claimant. Based
on the Claimant' s life expectancy of approximately 35 years and
his compensation rate, the financial consequences for the City are
enormous: Permanent total disability (permanently) amounting to
approximately $80, 000; annual five percent (5%) increments;
permanent psychiatric care; potential institutionalisation; pay-
ment of medical bills for future care.
Settlement of this Workmen' s Compensation claim by the City would
be in full discharge of any and all claims against the City and
all liability under Chapter 440 of the 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 interests of the
City, based on the foregoing facts, to compromise and settle this
claim on the basis outlined.
pf J �,�
J SEP A. AN �1City ttorney
JAW/TJS :pc
Prepared by:
THEODORE J. SILVER
Assistant City Attorney '�' -
AGENDA
R—C1' 1:3
ITEM
a .../`` 4-2
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
ORIGINAL
RESOLUTION NO. 78-15580
(Authorizing settlement of Workmen's
Compensation Claim--William Collard vs.
CMB)