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Resolution 78-15605 • • RESOLUTION NO. 78-15605 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKMEN' S COMPENSATION. CLAIM OF GILBERTO GORRITZ AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on August 30, 1976, one Gilberto Gorritz, a former employee of the City of Miami Beach, suffered a severe injury to his left shoulder while throwing a heavy barrel of leaves onto a truck while in the course and scope of his employment, and WHEREAS, said former employee was examined by Dr. Leo Grossman and treated by Dr. Turbin, Dr. Goldman and Dr. Ticktin; it was determined that the Claimant has a permanent partial disability of his upper left extremity, and WHEREAS, the City Attorney has determined and recommended that it is in the best interest of the City to enter into a settle • - ment under the provisions of Florida Statutes §440 . 20 (10) , as amended; such settlement calls for the payment by the City to the former employee of the sum of Three Thousand Four Hundred Twenty Dollars ($3, 420. 00) to be paid to the Claimant for compensation benefits, the sum of Five Hundred Dollars ($500. 00) to be paid to the Claimant for future medical payments due him under the Work- men' s Compensation Law, and a reasonable attorney' s fee of Nine Hundred Eighty-five Dollars ($985. 00) , 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 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 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 of Industrial Claims approving said stipulation. PASSED and ADOPTED this 19th day of Apr ' , 1978 . / 1 ,/ v Mayor Attest: 4.14=LL ) City Cler OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 TO: DODD A. SOUTHERN DATE: April 13, 1978 City Manager FROM: JOSEPH A. WANICK City Attorney SUBJECT: GILBERTO GORRITZ vs. CITY OF MIAMI BEACH Claim No. 130-40-9341 D/A: 8-30-76 Our File No. WC-43 Gilberto Gorritz was employed as a Park Attendant in the Recreation Department for a period of approximately two years. He voluntarily left his employment with the City of Miami Beach on September 30 , 1977. Gilberto Gorritz is a 28-year-old male who sustained injuries to his left shoulder while throwing a heavy barrel of leaves onto a truck. The Claimant was seen by Drs. Leo Grossman, Turbin, Goldman and Ticktin. Dr. Ticktin has determined that he has a 10% permanent partial disability of the upper left extremity with the possibility for surgical intervention. After considerable negotiations with the Claimant' s attorney, Martin M. Dernis, a tentative agreement was reached, subject to City Commission approval, to settle this case as follows : 1. $3, 420 payable to the Claimant in a lump sum representing all Workmen' s Compensation including temporary total payments, temporary partial pay- ments, permanent partial payments, due him past, present and future; 2. $500 payable to the Claimant representing all Workmen' s Compensation for medical payments due him past, present and future; 3. Claimant' s attorney' s fee to be $985; for a total of $4 , 905 payable by the City in full discharge of any and all claims against the City and all liability under Chapter 440, Florida Statutes. If this claim were to go to a final hearing before a Judge of the Industrial Claims, it is possible that a sum in excess of $8 , 000 would be found to be liable by the City to the Claimant. Such settlement would 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. pJ SEPIYA . WANICK, City Atto he 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 RESOLUTION NO. 78-15605 (Authorizing settlement of Workmen's Compensation Claim, Gilberto Gorritz vs CMB)