Resolution 78-15734 RESOLUTION NO. 78-15734
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN' S COMPENSATION CLAIM OF GORDON F. RIDGE
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, Gordon F. Ridge, a 49-year-old male, has been
employed as a Police Officer for the City of Miami Beach, for the
past approximately 19 years, and sometime during the latter part of
1975, had occasion to note a hearing loss, and
WHEREAS, studies, examinations and tests subsequently
revealed that he had suffered what has been described as a "noise-
induced" hearing loss, due essentially to his occupational exposure
to excessive noise levels, and
WHEREAS, said employee was examined and treated by various
physicians and professional technicians as set forth in the memoran-
dum of the City Attorney to the City Manager, dated October 3, 1978 ,
a copy of which is attached hereto and made a part hereof as though
set forth in haec verba, and
WHEREAS, the City Attorney has determined and recommended
that it is in the best interests of the City to enter into a settle-
ment under the provisions of Florida Statute 440 . 20 (10) , as amended;
such settlement calls for the payment by the City to the said
employee of the sum of $6, 500. 00, which represents a final settle-
ment of any and all past, present and future compensation and
medical payments due him under the Workmen' s Compensation Law, anda
reasonable attorney' s fee of $1, 600. 00 to be paid to Claimant' s
attorney by the City, and
WHEREAS, the Order of the Judge of Industrial Claims
approving such settlement stipulation will not be subject to modifi-
cation 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 of Industrial
Claims approving such stipulation.
PASSED and ADOPTED this 4th day of Octob r, 1978 .
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Mayor "'\
Attest:
ind-1746-46')
- City Clerk
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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The claim itself is of the type which the Courts have seen fit
to allow in similar cases , upon facts which are essentially similar
to those involved in this case .
In my opinion , the proposed settlement would be in the best
interest of the City, and I therefore recommend same to you
favorable consideration .
Respectfully submitted ,
0457 I '/ eZ2V04111
JOSEPH A. WANICK
City Attorney
JAW : bb
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OCTOBER,- S, 1978
TO: GAVIN O'BRIEN, City Manager
FROM: JOSEPH A. WANICK, City Attorney
SUBJECT: GORDON F. RIDGE - Worker's Compensation Case
Claim #228-32-0911
D/A - 10/21/75
Our File # WC-50
GORDON RIDGE, a 49 year-old male, was employed as a Police Officer for
the City of Miami Beach, for the past approximately 19 years, and
sometime during the latter part of 1975, had occasion to note a
hearing loss. Studies and examinations and tests subsequently revealed
that he had suffered what has been described as a 'noise-induced'
hearing loss, due essentially to his occupational exposure to excessive
noise levels. Sergeant Ridge has been treated by Doctor Clifford Foster,
a member of the American Board of Otolaryngology, and he has been
tested and evaluated by Harold Dreeben, a Certified Hearing and Speech
Program Administrator of Hearing and Speech Center of Miami Beach, and
Doctor Robert Harrison, Chief of the Division of Audiology-Speech
Pathology at the University of Miami School of Medicine.
According to tests conducted by the Hearing and Speech Center of Miami
Beach, Sergeant Ridge has suffered a 26%. hearing loss in his right ear,
a 19% loss in his left ear, and a binaural loss of 20%. The University
of Miami Speech Center has determined a right ear loss of 10.5%, left
ear loss of 6.0%, and binaural hearing impairment of 6.75%.
Sergeant Ridge is able to perform his usual occupation, however, with.
the aid of a hearing aid. It is likely, according to the medical
reports, that his hearing will further deteriorate, and at some future
point in time, a mechanical hearing aid device will not compensate
for the actual hearing impairment to bring his hearing level to normal .
The City originally denied any liability for this claim, and to date
has not paid out any monies towards the medical costs incurred by
Sergeant Ridge. If the Court of Industrial Claims finds a compensible
injury, the City would then be liable for all of Sergeant Ridge's
medical and other costs incurred thus far, and additionally, all future
medical costs, plus any possible future loss of earning capacity,
penalties, attorney fees, and related costs and fees, as allowed under
the governing statute.
After cosiderable negotiations with claimant's attorney, Michael L.
Limond, Esq. , a tentative agreement was reached, subject to approval
by the City. This would settle and resolve the claim for all time,
and the specifics are as follows:
1 . Payment of $6,500.00 to Claimant representing
all temporary, permanent and other monies due
him for past, present, and future compensation,
travel and other costs and charges.
2. Payment of $1 ,600.00 payable to Claimant's attorney.
The above amounts, payable by the City, would result in a complete and
total "washout" of the claim, and dispose of any possible claims for
penalties and other fees, costs, and charges, and include any possible
future claim for future medical treatment and/or equipment and future
loss of earnings. If such settlement is agreed to ,by all parties, there
could be no modification or alteration of same at any future time,
neither could any claim be made in the future relating to any injuries -
or damages arising out of the subject of this claim. The attorney's
fee is lower than the amount which the Court has authority and discretion
to award for the amount of settlement, and the settlement sum may
well be less than the total of all monies the City would otherwise be
liable for, if the claim is upheld by the Court, and the. Court were to
assess all fees, costs, charges, and penalties as the law allows in such cases.
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