Resolution 78-15773 RESOLUTION NO. 78-15773
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN'S COMPENSATION CLAIM OF FRANK RIVERS
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on May 26, 1977, one FRANK RIVERS, a former
employee of the City of Miami Beach, suffered a severe injury
to his back while lifting and dumping a tote into a sanitation
truck, and
WHEREAS, said former employee was examined by Dr. Leo
Grossman, Dr. Alvin Tobis, Dr. Lloyd Goldman and Dr. Janice Sherwood,
treated by Dr. William Bacon, and operated on at Cedars of Lebanon
Hospital, and it was determined that the Claimant has a permanent
partial disability of thebody, 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 former
employee of the sum of TWENTY THOUSAND ($20, 000 . 00) DOLLARS; 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 FIVE THOUSAND ($5,000 . 00) DOLLARS, and
WHEREAS, the order of the Judge of Industrial Claims
approving such settlement stipulation will not be subject to modi-
fication 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 here and above set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, 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 such stipulation.
PASSED and ADOPTED this 15th day of November , 1978 .
M4/4:0011.0144114)
Attest:
L
City lerk
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
TO: GAVIN O'BRIEN DATE: October 16 , 1978
City Manager
FROM: JOSEPH A. WANICK
City Attorney
SUBJECT: FRANK RIVERS vs. CITY OF MIAMI BEACH
Workmen' s Compensation Claim No. 267-26-3499
D/A: 5/26/77
Frank Rivers, 53 years old, was employed as a Waste Disposal Fore-
man Driver in the Public Works Department of the City of Miami
Beach on January 27 , 1971.. On August 26 , 1974 , he was laterally
transferred to Heavy Equipment Operator I. and back to Waste Dis-
posal Foreman on June 20, 1975. On May 17 , 1977 , he was demoted to
Waste- Collector because of material changes in duties, organization,
, and shortage of work and funds. His work performance record was
satisfactory overall. He was voluntarily retired by the General
Employees Pension Board on June 1, 1978 , on a service connected
disability, based on examinations by ,Drs. Tobis, Goldman and Sherwood
(see reports attached). On May 26, 1977 , while performing his
duties, the claimant suffered a severe injury to his back while
dumping a tote into a sanitation truck. The claimant was operated
on at Cedars of Lebanon Hospitaland was seen by Drs. Grossman and
Bacon. Drs. Grossman, Bacon, Tobis, Goldman and Sherwood have
determined that he has a permanent partial disability of the body.;-,
The permanent disability, coupled with claimant' s age, limited
education and industrial history of heavy labor only, indicate a
substantial loss of wage earning capacity in excess of 50% , with a
realistic possibility that the Judge of Industrial Claims would
find a permanent total disability. After considerable negotiations
with the claimant' s attorney, Michael Brumer, a tentative agreement
was reached, subject to the-City Commission' s Approval, to settle
this case as follows :
1. $20, 000 payable to the claimant in a lump sum repre-
senting all Workmen' s Compensation, including temporary total
payments, temporary partial payments, permanent partial disability
payments and medical payments due him past, present and future.
2. Claimant' s attorney' s fee to be $5, 000;
for a total of Twenty Five Thousand Dollars ($25 ,000) 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 Work-
men' s Compensation law.
It is my opinion that the compromising settlement of this claim is
in the best financial interest of the City, and I , therefore,
recommend this proposed settlement to the favorable consideration
of the City Commission. Dr. Grossman, the City Physician, concurs
and joins in this recommendation.
JOSEPH A. WANICK
City Attorney
JAW cm •
if I
1/9
By .
ALAN B . GEST
Assistant City Attorney
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
0R|G|NAL
RESOLUTION NO. 78-15773
(Authorizing settlement agreement of
Workmen/ s Compensation Clalm, Frank Klver�
vs. CMB)
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