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Resolution 77-15509 RESOLUTION NO. 77-15509 A RESOLUTION AUTHORIZING ACCEPTANCE OF ENTRY INTO A FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKMEN'S COMPENSATION CLAIM OF GEORGE NELOMS AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on July 10 , 1975, one GEORGE NELOMS , a former City of Miami Beach employee, suffered injuries to his back while in the performance of his duties. WHEREAS , on November 5 , 1976 , said former employee suf- fered a fracture to his ankle while in the performance of his duties. WHEREAS , said former employee was examined by Dr. Grossman, Dr. Turbin and Dr. Gordon. Dr. Turbin determined that the Claimant had a five percent (5%) permanent partial disability of the body as a whole. Dr. Gordon determined that the Claimant had a fifteen per- cent (15%) permanent partial disability of the body as a whole. 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 FSS S 440. 20 (1) , as amended. Such settlement calls for the payment by the City to the former employee of the sum of $3 ,500. 00 , less advance payments of $1,680 . 00 for a total of $1, 820. 00. This amount to the Claimant represents a final settlement of any and all past, present and future compensation and medical benefits due him under the Workmen' s Compensation Law. A reasonable attorney' s fee to be $800. 00. WHEREAS, the Order of the Judge of Industrial Claims approving such a 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 herein before set forth; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Attorney be auth- orized to enter into 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 said stipulation. PASSED and ADOPTED this 21st day of December , 1977 . L4JLL Mayor Attest: City Clerk OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 TO: Dodd A. Southern, City Manager DATE : December 14 , 1977 FROM: Joseph A. Wanick, City Attorney SUBJECT: GEORGE NELOMS v. CITY OF MIAMI BEACH F. I.C. # 253-76-2506 D/A: 7/10/75 and 11/5/76 George Neloms , a former City of Miami Beach employee, was injured in two accidents in the course of his employment with the City. The first occurred on July 10 , 1975 , when he stepped into a hole and injured his back. The second occurred on November 5, 1976 , when he sustained a fracture to his left ankle when he tripped over a sprinkler. His performance ratings were unsatisfactory during this period because of his lack of attendance. He claimed he was not on the job because he was injured and he was unable to do the work required. He was subsequently terminated, approximately one month following his second injury. If it is determined at the hearing that he was terminated because of his injury, the City will be liable on a loss of earnings claim. The Claimant has been seen by Dr. Grossman, Dr. Turbin and Dr. Gordon. Dr. Turbin determined that the Claimant had a 5% permanent partial disability of the body as a whole. Dr. Gordon determined that the Claimant had a 15% perma- nent partial disability of the body as a whole. If this case goes to trial, a claim based upon Dr. Gordon' s permanent partial disability rating, loss of earnings , and future medical care, could result in liability to the City in excess of $6 , 500. 00. After negotiations with the Claimant' s counsel, Mr. Lewis Cohen, a tentative agreement was reached subject to City Commission approval to settle this case as follows : 1. $3, 500 . 00 less advance payments of $1, 680. 00 for a total of $1, 820. 00 payable to Claimant in a lump sum which represents all Workmen' s Compensation and medical benefits due him past, present and future; 2. $800 . payable to Claimant' s counsel, as a reasonable attorney' s fees. For a total of $2, 620. 00 payable by the City in full dis- charge 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 the Workmen' s Compensation law. This settlement agreement is in accordance with a recommendation by Dr. Leo Grossman. Based on the foregoing, I recommend it to be in the best interest of the City to compromise and settle this claim on the basis outlined. Joseph A. Wanick, City Attorney BARBARA S. KIPNIS Assistant City Attorney JAW/BSK:rs OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 ORIGINAL RESOLUTION NO. 77-15509 (Authorizing final settlement agreement re Workmen s Compensation Claim of George Neloms vs. CMB) S