Resolution 79-15943 RESOLUTION NO. 79-15943
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN'S COMPENSATION CLAIM OF WILLIE WILLIAMS
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on December 12, 1977, one WILLIE WILLIAMS, an
employee of the City of Miami Beach, suffered injury to his left
leg when he slipped on wet cement and struck his knee against the
ground; and
WHEREAS, said employee was seen by Dr. Leo Grossman, the
City Physician for the City of Miami Beach, Dr. Alvin Tobis,
Dr. David Lehrman, Dr. Herbert Talisman, and was operated on at
South Shore Hospital for removal of a fracture fragment and it was
determined that the Claimant has a permanent partial disability of
the left leg, based upon the absence of the superior lateral corner
' of the left petalla 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 Three Thousand Five Hundred Seventy Dollars ($3,570 . 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 Eight Hundred Ninety Two Dollars and Fifty Cents ($892.50) ;
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 6th day of June , 1979 .
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Attest:
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City Ckerk
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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ROBERT L. SHEVIN *..conloupo
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CITY ATTORNEY 37�C% f•��y' I TELEPHONE :673-7470
June 6 , 1979
COMMISSION MEMORANDUM NO.
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TO: Dr. Leonard Haber, Mayor and
Members of the City Commission,
Gavin W. O'Brien City Manager
FROM: Robert L. Shevin < a
City Attorney
SUBJECT: WILLIE WILLIAMS v. CITY OF MIAMI BEACH
Claim No. 267-70-1497
D/A: 12-12-77
Willie Williams is a 34 year old employee of the City of Miami Beach
who was employed as a Probationary Laborer I on April 28, 1967. On
January 31-, 1968, Mr. Williams was appointed to regular status as a
Laborer I. On May 26, 1970, he was transferred to the position of
Sewer Pump Station Operator. On August 10, 1970, he was transfered
back,. to the position of Laborer I. On July 21, 1975, Mr. Williams
was appointed to the position of Probationary Laborer II and attained
regular status on October 22, 1975 and is so employed at this time.
On December 12.,1977, while performing his duties as a Laborer II,
Public Properties Department, the Claimant suffered injury to his
left knee when he slipped on wet cement and struck the knee on the
ground. The Claimant was seen by Dr. Leo Grossman, City Physician for
the City of Miami Beach, Dr. Alvin Tobis, Dr. David Lehrman, Dr. Herbert
Talisman and was operated on at South Shore Hospital for excision of
a fracture fragment. Dr. Lehrman, who performed the surgery, deter-
mined that Claimant has a 10% permanent partial disability of the
left leg and Dr. Tobis determined that he has a 5% permanent partial
disability of the left leg, based upon the absence of the superior
lateral corner of the left patella and continued pain. If the City
were to go to trial on this case the Judge of Industrial Claims is
almost certain to find a 10% disability of the left leg because of
the objective nature of the injury and continued residual pain. Addi-
tionally, it would be quite costly to try this case because of the
expert witness fees the City would be required to pay. The possi-
bility exists that Claimant will need further 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 :
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Page 1 of 2
1. $3 ,570. 00 payable to the Claimant in a lump sum representing all
Workmen' s Compensation, including temporary total, temporary partial,
and permanent partial disability payments and medical payments due
him, past, present and future;
2. Claimant' s attorney' s fee to be $892.50;
for a total of Four Thousand Four Hundred Sixty Two Dollars and Fifty
Cents ($4, 462.50) 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 the 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, 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
Page 2 of 2
ORIGINAL
RESOLUTION NO. 79-15943
(Authorizing settlement of Workmen's
Compensation Claim-Willie Williams vs CMB)