Loading...
Resolution 79-15976 RESOLUTION NO. 7-9-.1594-6 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKMEN' S COMPENSATION CLAIM OF M. C. BOWLES AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on February 26, 1978 , one M. C. BOWLES, an employee of the City of Miami Beach, suffered injuries to his head, back and hands when he was struck by a motor vehicle while directing traffic at the Miami Beach Convention Center; and WHEREAS, said employee was seen by Dr. Leo Grossman, City Physician for the City of Miami Beach, Dr. Alvin Tobis, Dr. Stanley Worton, Dr. Margaret Skinner, Dr. M. Viamonte, Dr. Marshall Pepper, Dr. Alberto Hernandez and was examined and treated at Mt. Sinai Hospital and Cedars of Lebanon Hospital, and it was determined by Dr. Pepper that the Claimant has a permanent partial disability of ' the body as a whole, based upon an acute lumbosacral strain and sprain; 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 F.S. 440 .20 (10) , as amended; such settle- ment calls for the waiver of the City' s third party lien with respect to said accident representing final settlement of any and all past, present and future compensation and medical payments due Claimant under the Workmen' s Compensation Law and a reasonable attorney' s fee to be Seven Hundred Forty Seven Dollars and Eighty Three Cents ($747. 83) ; 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 . Mayor Attest: City Clerk OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 • ;•ofI • • Ix / gr 11 F L 0 R I D A ROBERT L SHEVIN * * CITY ATTORNEY TELEPHONE :673-7470 COMMISSION MEMORANDUM NO. /0/ • DATE: July 18, 1979 TO: Dr. Leonard Haber, Mayor, and - Members of the City Commission, City Manager Gavin W. O'Brien FROM: Robert L. Shevin p).e; City Attorney . SUBJECT: M. C. BOWLES V. CITY OF MIAMI BEACH Claim No. 265-22-8746 D/A: 2-26-78 M. C. Bowles is a 56 year old employee of the City of Miami Beach who was employed as a Probationary Parking Meter Checker I on June 7, 1977. On December 12, 1977 , he attained regular status in that position. On October 1, 1978, his title was changed to Parking Enforcement Specialist I. Claimant was injured on Feb- ruary 26, 1978, when he was struck by a motor vehicle while directing traffic at the Miami Beach Convention Center, and sus- tained injuries to his head, back, and hands. The Claimant was („; seen by Dr. Leo Grossman, City Physician for the City of Miami Beach, Dr. Alvin Tobis, Dr. Marshall Pepper, Dr. M. Viamonte, Dr. Alberto Hernandez, Dr. Margaret Skinner, and Dr. Stanley Worton and was examined and treated at Mt. Sinai Hospital and Cedars of Lebanon Hospital. Dr. Pepper determined that Claimant has a 7% permanent partial disability -of the body as a whole due to low back problems diagnosed as an acute lumbosacral strain and sprain. Dr. Tobis found some tenderness over the lumbosacral junction, but no objective evidence of orthopedic disability at the present time. If the City were to go to trial on this case it would be subjected to a potential exposure of 7% of the body as a whole based upon Dr. Pepper' s rating. The trial judge, Judge Trask, would be likely to make some finding of permanent disability with a substantial possibility that he would award the entire 7%. Additionally, the City would continue to be responsible for the payment of the Claimant' s medical bills with respect to the injuries resulting from this accident. The City would also be required to expend considerable sums of money in order to try this case, parti- cularly for expert witness fees. It should also be noted that the City would be required to pay additional benefits in the future should the Claimant' s condition worsen. After considerable negoti- ations with Claimant' s attorney, Dick Wolfson, a tentative agreement was reached, subject to City Commission approval, to settle this case as follows: 1. No money would be paid to the Claimant, however, the City would waive its third party lien which it might recover some of the monies expended for workmen' s compensation benefits thus. far.; 2. Claimant' s attorney's fee to be $747.83; • for a total of Seven Hundred Forty Seven Dollars and Eighty Three Cents ($747.83) and a waiver of the third party lien 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 Workmen's Compen- sation Law. It ismy 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 -2- . ORIGINAL RESOLUTION NO. 79-15976 (Authorizing settlement of Workmen's Compensation Claim: M.C. Bowles vs.CMB)