Resolution 78-15802 RESOLUTION NO. 78-15802
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN'S COMPENSATION CLAIM OF RICHARD BIRNBAUM
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on April 16 , 1974, one RICHARD BIRNBAUM, an
employee of the City of Miami Beach, suffered a severe injury to
his left eye and minor cuts and burns when a large metal drum,
which he was cutting with a welding torch, exploded in his face, and
WHEREAS, said employee received emergency treatment at
Mt. Sinai Hospital, was examined and treated by Dr. Leo Grossman,
Dr. Ian Thompson, Dr. Morton Morgan, Dr. Enrique Bermudez and
Dr. David Kasner, had eye surgery performed at Coral Gables Hospital
and it was determined that the Claimant has a permanent total loss
of uncorrected vision in the left eye, 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 Statute 440. 20 (10) , as amended;
such settlement calls for the payment by the City to the employee of
the sum of Ten Thousand Five Hundred Dollars ($10,500 .00) ; 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 Three Hundred Twenty-five Dollars ($2 , 325 .00) , 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
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 City Attorney be and they are hereby authorized and
directed to comply with the Order of the Judge approving said stipu-
lation.
PASSED and ADOPTED this 20th day of December , 1978 .
Apole :1000144/1444
Mayor
Attest:
City Clerk
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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TO: GAVIN W. O'BRIEN DATE:
City Manager December 13, 1978
FROM: JOSEPH A. WANICK
City Attorney •
SUBJECT: RICHARD BIRNBAUM vs. CITY OF MIAMI BEACH
Claim No. 395-34-5145
D/A: 4-16-74
Richard Birnbaum has been employed as a welder in the Public
Works Dept. , Mechanical Maintenance Division, since April 9, 1973
and was appointed to regular status on October 16, 1973. His
work performance has been satisfactory overall. On April 16, 1974,
while performing his duties, the Claimant suffered a severe injury
to his left eye and minor cuts and burns when a large metal drum,
which he was cutting with a welding torch, exploded in his face.
Claimant received emergency treatment at Mt. Sinai Hospital and t`
was treated by Dr. Leo Grossman, City Physician for The City of
Miami Beach, Dr. Ian Thompson, Dr. Morton Morgan, Dr. Enrique Bermudez
and Dr. David Kasner. Claimant' s left eye was operated upon at Coral
Gables Hospital. Drs. Morgan and Kasner, who treated Claimant for
( . ' his eye injury, have determined that he has a permanent total loss
of uncorrected vision in the eye. If this case were to go to trial,
the City would be required to pay $14, 000.00 for permanent total
los's, of vision-of the left eye, together with interest from March
• of 1976 and attorney' s fees of at least 25%. After considerable
negotiations with .Claimant's attorney, Gerald Piken, a tentative
agreement was reached subject to City Commission approval, to settle
this case as follows:
1. . $10,500. 00 payable to Claimant in a lump sum representing _
all Workmen' s Compensation, including temporary total,
temporary partial, permanent partial and permanent total .
disability payments and all medical payments due him past,
presentand future.
2. Claimant's attorney's fee to be 25% of the first $5,000. 00
20% of the second $5, 000.00 and 15% of the remaining '
$500.00 for a total of $2,325. 00.
for a final total of Twelve Thousand Eight Hundred Twenty-five
Dollars ($12,825.00) payable by the City in full discharge of any
and all claims against the City and all liability under Chapter 440,.
Florida Statutes. Such settlement would not be subject to modi-
fication or review under Workmen's Compensation Law.
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TO: GAVIN W. O'BRIEN
DATE: December 13, 1978
City Manager
FROM: JOSEPH A. WANICK
City Attorney
SUBJECT: RICHARD BIRNBAUM
It is niy 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.
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Prepared by: '
ALAN B. GEST
Assistant City Attorney
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ORIGINAL
RESOLUTION NO. 78-15802
(Authorizing settlement of Workmen's Comp-
ensation
om -ensation Claim, Richard Birnbaum vs CMB)