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Resolution 79-15873 RESOLUTION NO. 79-15873 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKMEN' S COMPENSATION CLAIM OF RICHARD DIXON AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on November 29, 1976 , one RICHARD DIXON, an employee of the City of Miami Beach, suffered injuries to his neck, back, and shoulders when the City vehicle he was driving was hit by another vehicle, and WHEREAS, said employee was seen by Dr. Leo Grossman, the City Physician, Dr. Stephen Turbin, Dr. Alvin Tobis, Dr. Joel Dokson, Dr. David Lehrman, Dr. Richard Glatzer and Dr. Charles Weiss and it was determined that the Claimant has a permanent partial disability of the body, based upon evidence of a compression fracture of the thoracic spine and residual pain, 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 said employee of the sum of Four Thousand Three Hundred Twelve Dollars ($4 ,312 . 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 One Thousand Seventy Eight Dollars ($1, 078 . 00) , 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 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 comply with the Order of the Judge approving such stipulation. PASSED and ADOPTED this 4th day of April , 1979 . iayor Attest: (1 .0t); ,( City Clerk OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 Gary OF mum BEACH Gavin W. O'Brien TO: City Manager DATE: 3-29-79 FROM: Robert L. Shevin City Attorney SUBJECT: RICHARD DIXON Claim No: 223-70-3021 D/A: 11-29-76 Richard Dixon is a 30 year old employee of the City of Miami Beach who was employed as a Transitional Recreation Guard I on January 12, 1972. On July 20, 1972, sir. Dixon was appointed to regular status as a Recreation Guard I. On April 16, 1973, he was transfered to the position of Probationary Housing Inspector and achieved regular . status in that position on October 16, 1973. On April 1, 1974, Mr. Dixon was promoted to the position of Code Enforcement Officer and remains employed in that position at this time. On November 29, 1976 , while performing his duties, the Claimant suffered injuries to his neck, back and shoulders when the City vehicle he was driving was hit by another vehicle. The Claimant was seen by Dr. Leo Grossman, City Physician for the City of Miami Beach, Dr. Alvin Tobis, Dr. Stephen Turbin, Dr. Joel S. Dokson, Dr. David Lehrman, Dr. Richard L. Glatzer, and Dr. Charles Weiss. Dr. Glatzer, the main treating physician, determined that Claimant had a 5-10% permanent partial disability of the body as a whole and Dr. Weiss determined that he had a 5% permanent partial disability of the body as a whole based upon evidence of a compression fracture of the thoracic spine and residual pain. If the City were to go to trial on this case the Judge of Industrial Claims is almost certain to find a 10o disability with the possibility that the rating would be increased.:based upon - a loss of wage earning capacity. Additionally, it would be quite costly to try this case because of the number of doctors that would be required to testify necessitating expert witness fees that 'could be well in excess of $1, 000. 00. There is also the possibility that the Claimant may need some remedial treatment in the future which the City would be required to pay. After considerable negotiations. with the Claimant' s attorney, Norman Ciment, a tentative agreement was reached, subject to City Commission approval, to settle this case as follows: 1. $4,312. 00 payable to the Claimant in a lump sum representing all Workmen' s Compensation, including temporary total payments, temporary partial payments, permanent partial disability payments and medical payments due him past, present and future with a waiver of the City's equitable lien. 2. Claimant' s attorney' s fee to be $1, 078. 00; for a total of Five Thousand Three Hundred Ninety Dollars ($5,390.00) • 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. It is my opinion that the compromising settlement of this claim is in the best financial interest of this City, and' I, therefore, re- commend this proposed settlement to the favorable consideration of the City Commission. Dr. Grossman, the City Physician, concurs and joins in this rec. 'enda 'ir 0 Prepared by. ja r,. _ _111& 4 ALAN GEST Assistant City Attorney ABG/rr ORIGINAL RESOLUTION NO . 79-15873 (Authorizing settlement of Work- men ' s Compensation Claim-- Richard Dixon vs . CMB)