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Resolution 79-16118 RESOLUTION NO. 79-16118 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKMEN'S COMPENSATION CLAIM OF JAMES CORBETT AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on November 19 , 1978 , one JAMES CORBETT, an employee of the City of Miami Beach, suffered injury to his left foot when he tripped over a pipe sticking out from the ground and fractured said foot; and WHEREAS, said employee was examined by Dr. Leo Grossman, City Physician for the City of Miami Beach, Dr. M. Viamonte, Dr. Sylvan Sarasohn, and Dr. Lloyd S. Goldman and was treated at Mt. Sinai Hospital and it was determined that the Claimant had a fracture of the left foot and there is a possibility that he will receive a permanent partial disability rating in the future and that the City will be required to provide further medical treatment to the Claimant; and WHEREAS, the City Attorney has determined and recommended that it is in the best interest of the City to enter into a settlement under the provisions of Florida Statute 440 . 20 (10) as amended; said settlement calls for the washout of this claim by the Claimant in consideration for the City ' s waiver of its lien for equitable distri- bution in Claimant' s third party case, and such settlement represents the final settlement of any and all past, present and future compen- sation and medical payments due Claimant under the Workmen' s Compen- sation Law; and WHEREAS, the Order of the Deputy Commissioner 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 Deputy Commissioner 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 Deputy Com- missioner approving such stipulation. PASSED and ADOPTED this 5th day of December , 1979 . Ma • Attest: (SEAL) City Clerk kBG/rr OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 (4404Werid27122ai F L O R I D A ROBERT L. SHEVIN CITY ATTORNEY 4 � TELEPHONE :673-7470 COMMISSION MEMORANDUM NO. DATE: November 7 , 1979 TO: Dr. Leonard Haber, Mayor, and Members of the City Commission, City Manager Gavin W. O'Brien FROM: Robert L. Shevin c ( 7 <\ryk City Attorney SUBJECT: JAMES A. CORBETT v. CITY OF MIAMI BEACH Claim No: 058-34-4875 D/A: 11-19-78 James Corbett is a 37 year old employee of the City of Miami Beach who was employed as a Police Officer on June 18 , 1973 and has remained in that position since that time. On November 19, 1978, while performing his duties as a police officer, the Claimant suffered injury to his left foot when he tripped over a pipe sticking out of the ground, fracturing the foot. The Claimant was seen by Dr. Leo Grossman, City Physician for the City of Miami Beach, Dr. Lloyd S . Goldman, Dr. M. Viamonte, Dr. Sylvan Sarasohn, and was treated at Mt. Sinai Hospital. The Claimant has not, at this time, been given a permanent disability rating by any of the doctors , however, he continues to complain of pain and difficulties with respect to the foot. There is a possibility that the Claimant will receive a permanent partial disability rating at some point in the future should he continue to have problems with the foot and should this case remain open. Additionally, the City would be responsible for any further medical treatment that might be required. In view of the potential future exposure of the City, this office entered into considerable negotiations with the Claimant' s attorney, Lawrence A. Fuller, and a tentative agreement was reached, subject to City Commission approval, to settle this case as follows: - 1. The claim is to be washed out with no further payments by the City for temporary total, temporary partial and permanent partial disability or medicals past, present and future. In consideration for such washout, the City will agree to waive its lien for equitable distribution in Claimant's third party case. Such lien is in the amount of $1, 390 . 50 , however, it is unlikely that the City would recover the full amount of such lien; 2. No attorney' s fee is to be paid in this matter; 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 favorable consideration of the City Commission. Dr. Grossman, the City Physician, concurs and joins in this recommendation. RLS/ABG/rr ORIGINAL RESOLUTION NO. 79-1611 S (Authorizing settlement of Workmen's Compensation Claim; James Corbett vs. CMB)