Resolution 79-15988 RESOLUTION NO. 79-15988
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN' S COMPENSATION CLAIM OF THOMAS L. TOFEXIS
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on July' 15, 1977 , one THOMAS L. TOFEXIS, a
former employee of the City of Miami Beach, suffered injuries
to his neck and back when he was struck by a motor vehicle while
reading a water meter; and
WHEREAS, said employee was seen by Dr. Leo Grossman,
the City Physician for the City of Miami Beach, Dr. Mario Stone,
Dr. Joel Dokson, and St. Francis Hospital, and it was determined
that the Claimant had no permanent disability, however, the
City continues to have potential exposure for medical treatment
and permanent disability in the future; and
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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
settlement calls for the payment by Claimant to the City of the
sum of Five Hundred Dollars ($500. 00) and Claimant' s waiver of
any further workmen' s compensation benefits as a result of this
accident in return for the City' s waiver of its third party lien; :
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 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 stipulation.
PASSED and ADOPTED this 1st day of August , 197.9 .
10: : (440.4.41/1104
Mayor
Attest:
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City Cler
ABG/rr
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
vrrKit vi- lilt CITY ATTORNEY
ty40•Anni Wawa
F L O R I D A
ROBERT L. SHEVIN * *'
CITY ATTORNEY • TELEPHONE :673 7470
V 1 i
COMMISSION MEMORANDUM NO. 76,37
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DATE: August 1, 1979
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TO: Dr. Leonard Haber, Mayor, and
Members of the City Commission,
City Manager Gavin W. O'Brien
FROM: Robert L. Shevin
City Attorney V�
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SUBJECT: THOMAS L. TOFEXIS v. CITY OF MIAMI BEACH
Claim No. 527-74-1372
D/A: 7-15-77
Thomas L. Tofexis is a 31 year old former employee of the City,
of Miami Beach who was employed as a Transitional Convention
Center Maintenance Worker I on June 3, 1975. He attained regu-
lar status on December 7, 1975, and was promoted to Probationary
Water Meter Reader on February 28 , 1977. On August 26 , 1977,
he was rejected for regular status as a Water Meter Reader and
was returned to the position of Transitional Convention Center
Maintenance Worker I on August 27 , 1977. Mr. Tofexis resigned
from his employment with the City of Miami Beach on September 27 ,
1977. On July 15, 1977, Claimant suffered injuries to his back
and neck when he was struck by a motor vehicle while reading a
water meter. Claimant subsequently complained of headaches as a
result of said accident as well. The Claimant was seen by Dr.
Leo Grossman, City Physician for the City of Miami Beach, Dr.
Mario Stone, Dr. Joel Dokson and was treated at St. Francis Hos-
pital. Dr. Stone and Dr. Dokson determined that Claimant had
sustained no permanent disability as a result of the accident.
This case has remained open and the City continues to have a
potential exposure for further medical treatment and permanent
partial disability should the Claimant' s condition worsen or
should he receive a permanent partial disability rating from
another doctor. In view of the continued potential exposure
' of the City, efforts have been made to settle this matter and •
close the file and considerable negotiations were held with
the Claimant' s attorney, Peter Clemente. As a result, a tenta-
tive agreement was reached, subject to City Commission approval,
to settle this case as follows :
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AGENDA •
T � O`
ITEM
DATE `' ��— ?�
1. $500. 00 payable to the City and a waiver by Claimant of
any further workmen' s compensation benefits in return for the
City' s waiver of its third party lien, which is minimal in this
case (less than $1, 400. 00) ;
2. No attorney' s fee involved;
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 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
Page 2 of 2 93
ORIGINAL
RESOLUTION NO. 79-15988
(Authorizing settlement of Workmen's
Compensation Claim: Thomas L. Tofexis
vs.CMB)