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Resolution 78-15595 RESOLUTION NO. 78-15595 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKMEN'S COMPENSATION CLAIM OF RAYMOND TROTTER AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on January 29 , 1974 , one RAYMOND TROTTER, a former retired employee of the City of Miami Beach, suffered a severe injury when a heavy branch of a tree upon which he was working fell upon his right elbow, and WHEREAS, said former retired employee was examined by Dr. Leo Grossman and treated by Dr. Stephen Turbin, Dr. Lyle Russell, Dr. Burbacher and Dr. Gilbert. It was determined that the Claimant has a permanent partial disability of his upper extremity, 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 Statute 440. 20 (10) , as amended; such settlement calls for the payment by the City to the former employee of the sum of Seven Thousand Dollars ($7,000) ; this amount to the Claimant represents a 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 Two Thousand One Hundred Dollars ($2 , 100) , 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 a 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 April , 1978. • et,„ Mayor Attest: City Clerk OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 TO: DODD A. SOUTHERN DATE: March 30, 1978 City Manager FROM: JOSEPH A. WANICK City Attorney SUBJECT: RAYMOND TROTTER vs. CITY OF MIAMI BEACH Claim No. : 016-24-3298 D/A: 1-29-74 Raymond Trotter was employed as a Waste Collector in the Public Utilities Department of the City of Miami Beach. He was employed by the City for approximately 9 years. His work performance record was satisfactory overall. He was voluntarily retired by the General Employees Pension Board on November 1, 1977 on a service connected disability. On January 29, 1974, while perform- ing his duties, the claimant suffered a severe injury when a heavy branch of a tree upon which he was working fell upon his right elbow. The claimant was seen my Drs. Leo Grossman, Russell, Burbacher and Gilbert. Drs. Russell, Turbin, Burbacher and Gilbert . have determined that he has a permanent partial disability of his upper extremity. After considerable negotiations with the claimant' s attorney, Edward Schroll, a tentative agreement was reached, subject to City Commission approval, to settle this case as follows: 1. $7, 000 payable to the claimant in a lump sum representing all Workmen' s Compensation, including temporary total payments, temporary partial payments, permanent partial disablity payments and medical payments due him past, present and future. 2 . Claimant' s attorney' s fee to be $2, 100; for a total of Nine Thousand One Hundred Dollars ($9, 100. 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 settle- ment should not be subject to modification or review under Workmen' s Compensation Law. It is my opinion that the compromising settlement of this claim is in the best financial interest of this City, and I, therefore, recommend this proposed settlement to the favorable consideration of the City Commission. co. JOSEPH A . WANICK, City Attorney OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 ORIGINAL RESOLUTION NO. 78-15595 (Authorizing settlement of Workmen's Compensation Claim:Raymond Trotter vs CMB)