Resolution 79-15975 RESOLUTION NO. 79-15975
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN' S COMPENSATION CLAIM OF ROBERT H. PAIR
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on May 1, 1978 , one ROBERT H. PAIR, a former
employee of the City of Miami Beach, suffered injuries to his neck,
shoulders, back and legs when the City truck he was parking was
struck by another vehicle; and
WHEREAS, said employee was seen by Dr. Leo Grossman,
the City Physician for the City of Miami Beach, Dr. Alvin Tobis,
Dr. Lloyd Goldman and Dr. David Lehrman, and it was determined
that the Claimant has a permanent partial disability of the body
as a whole, based upon limitation of motion of the neck and con-
tinued 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 One Thousand Five Hundred Forty Three Dollars and Fifty
Cents ($1, 543. 50) this amount to the Claimant represents final settle-
ment 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 Three Hundred Eighty Five Dollars and Eight Seven
Cents ($385. 87) ; 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 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 the City Attorney be and they are hereby authorized and
directed to comply with the Order of the Judge approving such stipu-
lation.
PASSED and ADOPTED this 18 day of July , 1979 .
ayor
Attest:
giete-eyil-71144-A"
City Clerk
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
vrrn.cyr InCLot ITAli VHIYCT
• • eV
F L 0 R I D A
ROBERT L SHEVIN " *
CITY ATTORNEY 'sem . '' TELEPHONE :6734470
COMMISSION MEMORANDUM NO. / Pv
•
DATE: July 18, 1979
•
TO: Dr. Leonard Haber, IMayor, and •
Members of the City Commission,,
City Manager Gavin W. O'Brien
FROM: Robert L. Shevin Y\CA: tiAtt ,
City Attorney ti-
SUBJECT: ROBERT H. PAIR v. CITY OF MIAMI BEACH
Claim No. 229-70-0792
D/A: 5-1-78
Robert H. Pair is a 29 year old former employee of the City of Miami
Beach who was employed as a Probationary Waste. Collector on August 18,
1969. On December 29, 1969, he resigned his position with the City
and was subsequently re-employed by the City on February 16, 1970 , in
the same capacity. On August 19, 1970, Mr. Pair attained regular status
as a Waste Collector. Mr. Pair has recently resigned his position with
the City of Miami Beach effective July 14, 1979. On May 1, 1978, while
parking a City truck, the Claimant suffered injuries to his neck, shoulders,
back and legs when said truck was struck by another vehicle. The Claimant.
was seen by Dr. Leo Grossman, City Physician for the City of Miami Beach,
Dr. Lloyd Goldman, Dr. Alvin Tobis, and Dr. David Lehrman. Dr. Goldman
determined that Claimant has a 5% permanent partial disability of the
body as a whole due to persistent problems of pain and limitation of
motion of Claimant' s neck. Dr. Lehrman determined that Claimant has a
5% permanent partial disability of the body as a whole as the result of
a chronic cervical sprain and further indicated that if Claimant' s symp-
toms persisted, he would recommend further neurological work-up, EMgs
and a mylogram and that if radiculopathy was present, that the disabil-
ity rating would be increased to 10% to 15% percent of the body. The
City voluntarily accepted the 5% of the body disability rating and
Claimant was paid same. If the City were to go to trial on this case
it would be subjected to a potential exposure of an additional 10% of
the body for the anatomical disability and it is Claimant' s contention
• that, he has suffered a loss of wage earning capacity due to his inability
to perform heavy lifting. If the Claimant were able show a loss of wage
earning capacity, the City' s exposure could be greater than the addi-
tional 10% exposure for the anatomical loss. Additionally, it should
be noted that the City has a large potential exposure for future medi-
cal examinations and treatment which it would be required to pay. As
in most workmen' s compensation cases, the City would be compelled to
, call expert witnesses at trial and the witness fees the City would be
required to pay would be substantial. 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. $1, 543 .50 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. Waiver of the City' s third party lien (which is likely to be unen-
forceable in any event) ;
3. Claimant' s attorney' s fee to be $385.87;•
for a total of One Thousand Nine Hundred Twenty Nine Dollars and Thirty
Seven Cents ($1, 929. 37) payable by the City in full discharge of any and
all claims against the City and all liability under Chapter 440 F.S.
Such settlement would not be subject to modification or review under Work-
men'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, recommend
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
-2-
UKIUINAL
RESOLUTION NO. 79-15975
(Authorizing settlement of Workmen's
Compensation Claim: Robert H. Pair vs CMB)