Resolution 79-15863 RESOLUTION NO. 79-15863
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN'S COMPENSATION CLAIM OF JESUS ORTIZ
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on June 24, 1975, one JESUS ORTIZ, an employee
of the City of Miami Beach, suffered injuries to his right knee,
right leg and back when he slipped and fell while doing edging between
rocks, and
WHEREAS, said employee was seen at Mt. Sinai Hospital and
by Dr. Leo Grossman, City Physician, Dr. Alvin Tobis, Dr. Pedro Bermann,
Dr. Raymond Prigger and Dr. Stephen Ticktin and it was determined that
Claimant has a permanent partial disability of the right knee and leg
and body as a whole, and
WHEREAS, the City Attorney has determined and recommended
that it is in the best interest 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 employee of the
sum of Four Thousand Six Hundred Dollars ($4,600. 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 Eleven Hundred
and Fifty Dollars ($1,150. 00) ; and
WHEREAS, the Order of the Judge of Industrial Claims approving
such settlement stipulation will not be subject to modification
review, and
and
WHEREAS, the City Commission deems it to be in the best
interest 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 1 `
comply with the Order of the Judge approving such stipulation.
PASSED and ADOPTED this 21st day of March , 1979 .
Or
Attest:
•
City Clerk
•
OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
CITY OF MIAMI BEACH
TO: • Gavin W. O'Brien DATE: 3-14-79
City Manager
FROM: Robert L. Shevin
City Attorney
SUBJECT: JESUS ORTIZ v. CITY OF MIAMI BEACH
Claim No: 261-98-0678
D/A: 6-24-75
Jesus Ortiz is a 60 year old employee of the City of Miami Beach who
was employed as a probationary Park Attendant I in the Parks and
Recreation Department on October 6, 1971. On April 13, 1972, Mr. Ortiz
was appointed to Regular Status as a Park Attendant I. At present, he
remains a Park Attendant I in the Public Properties Department, Parks
Maintenance Division. On June 24 , 1975, while performing his duties,
the Claimant suffered injuries to his right knee, right leg and back
,when he slipped and fell while doing edging between rocks at the Japanese
Garden Center. The Claimant was seen at Mt. Sinai Hospital and by Dr.
Leo Grossman, City Physician for the City of Miami Beach, Dr. Alvin Tobis,
Dr. Pedro F. Bermann, Dr. Raymond F. Prigger and Dr. Stephen I. Ticktin.
Dr. Tobis determined that Claimant had a 10% permanent partial disability
of the right knee and Dr. Ticktin determined that he had a 15% permanent
partial disability of the right knee and a 5% permanent partial disability
of the body as a whole. This case was previously tried before Judge
Gordon. Stuedler, however, Judge Stuedler died prior to rendering a dec-
ision necessitating a re-trial of this cause. In an effort to avoid
relitigating this matter and the expense thereof, . Claimant' s attorney,
Arthur Karlick, entered into considerable negotiations with the City
Attorney' s Office and a tentative agreement was reached subject to the
City Commission' s approval, to settle this case as follows :
1. $4, 600. 00 payable to the Claimant . in a lump sum representing
all Workmen' s 'Compensation, :including temporary total disability payments,
temporary partial disability payments, permanent partial and total
disability payments and medical payments due him, past, present and
future;
2 . Claimant' s attorney's fee to be . $1,150..00;
for a total of $5, 750. 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 modification
or review under. Workmen' s Compensation Law.
Mr. Karlick has also indicated that Mr. Ortiz intends to resign his
employment with the City in approximately 6 weeks.
If this case were to go to trial, it is probable that a sum in excess
of the agreed settlement would .be awarded to the Claimant based on a
claimed. permanent disability, loss of wage earning capacity and
possible future medical care resulting in a possible greater disability.
Additionally, the City would be responsible for costs resulting from
the two trials which would be sustantial.
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 recommendati..n.
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Prepared by:' e —21
s
ALAN B. GEST
Assistant City Attorney
ABG/rr
ORIGINAL
RESOLUTION NO. 79-15863
(Authorizing settlement of Workmen's _
Compensation Claim--Jesus Ortiz vs. CMB)
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