Resolution 79-15908 RESOLUTION NO. 79-15908
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN' S COMPENSATION CLAIM OF CHARLES PRESS
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on September 23 , 1977 , one Charles Press, an
employee of the City of Miami Beach, suffered injury to his left
knee when, while performing his duties, he stopped to assist a
disabled vehicle and attempted to remove the vehicle from the road-
way and out of the line of traffic; and
WHEREAS, on October 9, 1977, said employee suffered further
injury to his left knee while performing exercises for such knee pre-
scribed by his main treating physician, Dr. Michael Gurvey, as a
result of the knee injury of September 23, 1977; and
WHEREAS, on January 12, 1978, while performing his duties,
said employee suffered injuries to his hip, right wrist and thumb,
left wrist, neck, buttocks and left elbow area, when, while riding
his police motorcycle, a car stopped short in front of him and he
was forced to lay the motorcycle down to avoid hitting the car; and
WHEREAS, Judge of Industrial Claims, Leonard P. Cardone,
by Order dated June 21, 1978 , determined that the above incidents
were compensable under the Workmen' s Compensation Laws of the State
of Florida; and
WHEREAS, said employee was seen by Dr. Leo Grossman, City
Physician for the City of Miami Beach, Dr. Stanton, Dr. Michael S.
Gurvey, and Dr. Samuel Leone and was operated on at Baptist Hospital
for an internal derangement of the left knee with a torn medial miniscus
and a tear of the anterior cruciate ligament and it was determined
that said employee has a permanent partial disability of the left' ,
knee and leg; 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 $3, 927. 00 and payment of one outstanding medical bill from
Dr. Leone in the amount of $60. 00; this amount to the Claimant represents
a final settlement of any and all past, present and future compensation
due him under the Workmen' s Compensation Law and a reasonable attorney' s
fee to be $981. 75; and
WHEREAS, the Order of the Judge of Industrial Claims approving
such settlement stipulation will not be subject to modification 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, 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 approving such stipulation.
PASSED and ADOPTED this 2nd day of May , 1979.
Mayor
Attest:
City Cl rk
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
VI/rif /f0a/79.,'M tlei ea
F L O R I D A
ROBERT L. SHEVIN *Nkop.{ nc
CITY ATTORNEY �1pZ `�� TELEPHONE :673-7470
COMMISSION MEMORANDUM NO.
April 25, 1979
TO: Dr. Leonard-Haber, Mayor and
Members of the City Commission, .
City Manager Gavin W. O'Brien
FROM: Robert L. Shevin
City Attorney
SUBJECT: CHARLES PRESS v. CITY OF MIAMI BEACH
Claim No. ,264-92-1735
D/A: 9-23-77, 10-9-77 and 1-12-78
Charles Press is a 24 year old employee of the City of Miami Beach
who was employed as a Probationary Police Officer in the Miami Beach
Police Department on February 3, 1975. On February 3, 1976, he was
appointed to Regular Status as a Police Officer and remains so employed
at this time. On September 23, 1977., while performing his duties,
the Claimant suffered injury to his left knee when, while on his way to
work in uniform, he stopped to assist a disabled vehicle and attempted
to remove the vehicle from the roadway and out of the line of traffic.
On October 9, 1977, while performing exercises for his left knee pre-
scribed by his main treating physician, Dr. Michael Gurvey, as a result
of the injury of September 23, 1977, Claimant suffered further injury
to'"his left knee. The City controverted Claimant' s claim for benefits
under the Workmen' s Compensation Statutes for the injuries of Septem-
ber',23, 1977 and October 9,. 1977 on the basis that they did not occur
in the course and scope of his employment with the City. By Order
dated June 21, 1978, the Judge of Industrial Claims, Leonard P. Cardone,
determined that the accident of September 23, 1977 was a compensable
injury occurring in the course and scope of Claimant's employment and
that the injury of October 9, 1977 was not a new accident, but merely
a consequence and result of treatment and therapy being rendered for
his earlier injury and, therefore, compensable. The Order of June 21,
1978 required the City to pay the medical bills and expenses of Claimant
incurred as a result of the injuries sustained on September 23, 1977
and October 9, 1977 and pay the cost of the proceedings. The Judge
retained jurisdiction to determine all other issues, including perma-
nent disability and attorney' s fees, until after Claimant reached
maximum medical improvement.
On January 12, 1978, while performing his duties, Claimant suffered
injuries to his right wrist and thumb, left wrist, hips, neck, but-
tocks, and left elbow area when, while riding his police motorcycle
a car stopped short in front of him and he was forced to laythe
motorcycle down to avoid hitting the car. Claimant has also com-
plained of pain in his back as a result of an alleged. alteration of
his normal gait due to his knee injury.
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Page 1 of 2
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AGENDA A�� _ !, .
ITEM
DATE
page 2 of 2 April 25, 1979
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With respect to the foregoing incidents, Claimant was seen by Dr. Leo
Grossman, City Physician for the City of Miami Beach, Dr. Stanton,
Dr. Michael S. Gurvey, and Dr. Samuel Leone and was operated on at
Baptist Hospital for an internal derangement of the left knee with a
torn medial meniscus and tear of the anterior cruciate ligament.
Dr. Gurvey has determined that Claimant has a 5-10% permanent partial
disability of the left leg and Dr. Leone has determined that he has
a 15% permanent partial disability of the left leg.
If the City were to go to trial on this case, it is almost a certainty
that Claimant would be awarded a permanent disability of 10% of the
leg, with a strong possibility that he would receive an award of
15% of the leg. The Claimant is also attempting to raise the issue
of permanent partial disability to his. back although no rating has
yet been received on this portion of his claim. There is a possi-
bility that Claimant' s ' condition could deteriorate in the future and
that future medical treatment will be necessary.
Since this case has already been tried once before on the issue of
compensability, a second trial would subject the City to substantial
additional costs and witness fees and Claimant' s attorney would be
in a position to obtain a larger attorney' s fee as a result of his
being required to participate in two trials. After considerable
negotiations with the Claimant' s attorney, George Nachwalter, a tenta-
tive agreement was reached, subject to City Commission approval, to
settle the remaining issues in this case as follows :
1. $3, 927. 00 payable to the Claimant in a lump sum and payment
of an outstanding medical bill from Dr. Leone in the amount of $6.0. 00
representing all workmen' s compensation, . including temporary total, ,
temporary partial, permanent total and permanent partial disability
payments, and medical expenses due him past, present and future.
2. Claimant' s attorney's fee to be $981. 75. .
for a total of $4, 968. 75 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 the City, and I, therefore, recom-
mend this proposed settlement to the favorable consideration of the
City Commission. Dr. Grossman, the City Physician, concurs and joins
in this recommendation.
RLS/ABG/rr
ORIGINAL
RESOLUTION NO. 79-15908
(Authorizing settlement of Workmen's
Compensation Claim: Charles Press vs CMB)
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