Resolution 79-16010 RESOLUTION NO. 79-16010
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN'S COMPENSATION CLAIM OF WILLIAM MURRAY
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on February 12 , 1976 , one WILLIAM MURRAY, a
former employee of the City of Miami Beach, suffered injury to his
left shoulder and arm when, while opening a door, he wrenched the
shoulder and arm; and
WHEREAS, said employee was seen by Dr. Leo Grossman, City
Physician for the City of Miami Beach, Dr. Weiner, Mr. Mario Stone,
Dr. Lyle Russell, Dr. Robert E. Jacobson, Dr. Joel Dokson, Dr. Juan J.
Elias and underwent an arthrotomy at St. Francis Hospital for the
transplant of the long head of the biceps tendon and subsequently
developed a mild radial nerve paresis and ulnar paresis and it was
determined that the Claimant has a permanent partial disability of
the body as a whole, based upon the limitation of motion of the left
shoulder and pain and numbness radiating from the shoulder into the
fingers of the left hand; and
WHEREAS, the City Attorney has determined and recommended
that it in the best interest of the City to enter into a settlement
under the provisions of Florida Statute 440. 20 (10) , as amended, such
settlement calls for the payment by the City to said former employee
of the sum of Five Hundred Dollars ($500. 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
One Hundred Fifty Dollars ($150. 00) ; 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 5th day of September , 1979.
- ,t
Mayor
Attest:
a0
City Cle k
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ABG/rcp
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
OFFICE OF THE CITY ATTORNEY
: . )944'
F L 0 R I D A
ROBERT L. SHEVIN .*
CITY ATTORNEY ;.4. ' TELEPHONE :673-7470
COMMISSION MEMORANDUM NO. 7709
DATE: September 5, 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
SUBJECT: WILLIAM MURRAY V. CITY OF MIAMI BEACH
Claim No. 103-18-8993
D/A: 2-12-76
William Murray is a 51 year old former. employee of the City of
Miami Beach who was employed as a Probationary Patrolman on
November 1, 1957, and was appointed to regular status in that
position on July 31, 1958. On March 15 , 1968 , he was promoted
to Probationary Police Officer II and attained regular status in
that position on December 15 , 1968.. Mr. Murray resigned from
his employment with the City of Miami Beach effective July 31,
1977 . On February 12 , 1976 , while performing his duties as a
Police Officer II, the Claimant suffered injury to his left shoulder
and arm when, while opening a door; . he wrenched the shoulder
and arm. The Claimant was seen by Dr.' Leo Grossman, City Physician
for the City of Miami Beach, Dr. Weiner, Dr. Mario Stone, Dr. Lyle
Russell, Dr. Joel Dokson, Dr. Robert E. Jacobson, Dr. Juan J. Elias,
and underwent an arthrotomy of the left shoulder with a transplant
of the longhead of the biceps. tendon at St. Francis Hospital.
Claimant subsequently developed a mild radial nerve paresis , and an
ulnar paresis. Dr. Stone, who performed the surgery, determined
that Claimant has a twenty per-cent permanent partial disability
of the body as a whole as a result of limitation of motion of ,the
shoulder and pain and numbing sensations radiating from the shoulder
into the fingers. Dr. Russell determined that he has a' ten per-
cent permanent . . partial disability of the body as a whole. The
City has voluntarily paid the twenty per-cent disability. rating.
Claimant has continued to complain of problems with the left
shoulder and arm and has requested additional medical treatment
which the City would be required to provide at its expense. There
remains the possibility that Claimant' s condition could worsen and •
the City would be liable for additional payments for permanent
partial disability. It should further be noted that the City will
have some difficulty in monitoring the Claimant' s condition in view
of the fact that he is now living in Oswego, New York. In view of
the foregoing, this office entered into negotiations with Claimant' s
attorney, Joseph Hoffman, and a tentative agreement was reached
subject to City Commission approval , to settle this case as follows :
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1. $500. 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 $150. 00;
for a total of Six Hundred Fifty Dollars . ($650.00) 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 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.
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RLS/ABG/rcp
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UKI(iINAL
RESOLUTION NO. 79-16010
(Authorizing settlement of Workmen's -
Compensation Claim: William vs CNB)