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Resolution 79-16011 RESOLUTION NO. 79-16011 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKMEN'S COMPENSATION CLAIM OF DAVID LEE DONALDSON AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on August 20 , 1974 , one DAVID LEE DONALDSON, an employee of the City of Miami Beach, suffered injury to his left leg when he stepped in a hole in the grass and twisted his knee; and WHEREAS, said employee was examined by Dr. Leo..Grossman,City Physician for the City of Miami Beach, Dr. M. Viamonte, Dr. Todd Kim, Dr. Lyle Russell, Dr. W. Stanley Weinkle, Dr. Michael P. Goodson, Dr. Harold Unger, Dr. Donald Alderman, Dr. Alvin Tobis, and was treated and operated on at Mt. Sinai Hospital for the removal of the cartilage in the left knee and it was determined that the Claimant has a permanent partial disability of the left leg, based upon the removal of the cartilage and recurrent pain and swelling in the knee; 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 One Hundred Thirty Dollars ($1,130. 00) , this amount to the Claimant represents thefinal 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 Three Hundred Thirty-Nine Dollars ($339 . 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. Mayor Attest: City Cle k ABG/rcp OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 II-1h CITY ATTORNEY rtl� fi F L 0 R I 0 A ROBERT L. SHEVIN " • : CITY ATTORNEY 'mo. TELEPHONE :673-7470 COMMISSION MEMORANDUM NO. 7710 DATE: September 5 , 1979 TO: Dr. Leonard Haber, Mayor, and Members of the City Commission, City Manager Gavin W. O'Brien FROM: Robert L. Shevin City Attorney SUBJECT: DAVID LEE DONALDSON V. CITY OF MIAMI BEACH Claim No. 267-15-8958 D/A: 8-20-74 David Lee Donaldson is a 24 year old employee of the City of Miami Beach who was employed as a Probationary Park Attendant I on September 18 , 1973, and attained regular status in that position on March 19 , 1974 . On August 13 , 1979 , he was promoted to the position of Tree Maintenance Worker and is so employed at this time. On August 20 , 1974 , while performing his duties as a Park Attendant I, the Claimant suffered injury to his left knee when he stepped in „a hole in the grass, twisting the knee. The Claimant was seen by Dr. Leo Grossman, City Physician for the City of Miami Beach, Dr. M. Viamonte, Dr. Todd Kim, Dr. Lyle Russell, Dr. W. Stanley Weinkle, Dr. Michael P. Goodson, Dr. Harold Unger, Dr. Donald Alderman, Dr. Alvin Tobis, and was treated and operated on at. Mt. Sinai Hospital for the removal of the cartilage in the left knee. Dr. Russell determined that Claimant has a five per-cent permanent partial disability of the left leg as a result of the removal of the cartilage in the knee and Dr. Tobis subsequently determined that Claimant has a five to ten per-cent permanent partial disability of the left knee. The City has voluntarily paid the five per-cent disability rating. If the City were to go to trial on this case, the Judge of Industrial Claims is almost certain to find a ten per-centdisability of the left leg based upon Dr. Tobis ' rating and the fact that Claimant continues to have pain and swelling of the knee. Additionally, it should be noted that Dr. Tobis has indicated the possibility of further surgery and medical treatment. Such further remedial treatment creates a strong possibility that a greater permanent partial disability will result. The City, of course, would be responsible for the additional remedial treatment and any increase in the disability rating. The City would also be subject to further expense in trying this case as a result of the costs it will necessarily incur for expert witness fees. After considerable negotiations with the Claimant' s attorney, E. Dennis Brod, a tentative agreement was reached, subject to City Commission approval, to settle this case as follows: Page 1 of 2 -- - 1. $1,130. 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 $339. 00; for a total of One Thousand Four Hundred Sixty Nine Dollars ($1, 469. 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, recommend this proposed settlement to the. favo_rable consideration of the City Commission. Dr. Grossman, the City Physician, concurs and joins in this recommendation. ,RLS/ABG/rcp Page 2 of 2 ORIGINAL RESOLUTION NO. 79-16011 (Authorizing settlement of Workmen's Compensation Claim: David Lee Donaldson vs CMB) '�'