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Resolution 79-15989 RESOLUTION NO. 79-15989 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKMEN'S COMPENSATION CLAIM OF LAURA SILK AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on July 5, 1978, one LAURA SILK, a former employee of the City of Miami Beach, suffered injury to her right ankle when she became dizzy from the heat and fell to the ground while performing her duties for the City; and WHEREAS, said employee was seen by Dr. W. Stanley Weinkle, Dr. M. Viamonte, Dr. Carle E. Fabian, and, additionally, was treated at Mt. Sinai Hospital, and Claimant continues to complain of pain and swelling of the ankle, although no permanent disability has been found, and the City continues to be responsi- ble for the provision of further medical examinations and treatment and has potential exposure should a permanent disability later be found; 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 settlement calls for the payment by the City to said employee of the sum of Three Hundred Dollars ($300 . 00) , this amount to the Claimant represents final settlement of any and all past, present and future compensation and medical payments due her under the Workmen' s Compensation Law and a reasonable attorney' s fee to be Seventy Five Dollars ($75. 00) ; 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 stipulation. PASSED and ADOPTED this 1st day of August , 1979 . Mayor Attest: ., ,,,,.,z.".. ,./ , _______ CityCle ABG/rr OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 vrrevc arr Inc LA I Y A I I UMIVtY 994 eyLoame• 25Pam4 F L O R I ® A ROBERT L. SHEVIN ' # CITY ATTORNEY ., TELEPHONE :673-7470 COMMISSION MEMORANDUM NO. 7 449 • DATE: . August 1, 1979 TO: Dr. Leonard Haber, Mayor, and Members of the City Commission, City Manager Gavin W.• O'Brien FROM: Robert L. Shevin At/g b a K•p, City Attorney 7 SUBJECT: LAURA SILK v. CITY OF MIAMI BEACH Claim No. 057-18-8647 D/A: 7-5-78 • Laura Silk is a 57 year old former employee of the City of Miami Beach who was employed as a Transitional Probationary Clerk-Typist on October 25, 1977. On April 7, 1978 , Ms. Silk was rejected for _ regular status and her employment with the City was terminated. Ms. Silk was rehired by the City of Miami Beach on July 3, 1978, as a Provisional Clerk and was terminated from that position on July 7, 1978 . On July 5, 1978 , while performing her duties for the City of Miami Beach, Ms. Silk became dizzy from the heat and fell to the ground fracturing her right ankle. The Claimant was seen by Dr. W. Stanley Weinkle, Dr. M. Viamonte, and Dr. Carle E. Fabian and, additionally, received treatment at Mt. Sinai Hospital. Dr. Weinkle determined that Claimant had suffered no permanent dis- ability as a result of this accident, however, the Claimant continues to complain of swelling and pain in the ankle and has requested addi- tional medical treatment. The City has, thus, been placed in the position of having to provide continued medical examinations and treatment to Ms. Silk at the City' s expense. It should also be noted that the City has a potential exposure for payment of permanent partial disability should the Claimant find a doctor who is willing to state that she has sustained a permanent injury to some degree. In view . of these factors, the City entered into considerable negotiations with the Claimant' s attorney, Stuart Abramson, in an effort to settle this matter at the least possible cost to the City. As a result of those negotiations, a tentative agreement was reached, subject to City Commission approval, to settle this case as follows : • 95 AGENDA �o ITEM DATE a ./_99 1. $300 . 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 pay- ments due her, past, present and future; 2 . Claimant' s attorney' s fee to be $75 . 00; for a total of Three Hundred Seventy Five Dollars ($375 . 00) 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 Compensation Law. It is my opinion that the compromising settlement of this claim is in the best financial interest of this City, and, 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 ORIGINAL RESOLUTION NO. 79-15989 (Authorizing settlement of Workmen's Compensation Claim: Laura Silk vs CMB)