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Resolution 80-16348 RESOLUTION NO. 80-16348 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKER'S COMPENSATION CLAIM OF RICHARD TRADO AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on March 2, 1975, one RICHARD TRADO, a former City of Miami Beach Policeman , was shot while in performance of his duties and suffered injury to his right hand , wrist , and arm, resulting psychiatric problems; and WHEREAS , said employee was subsequently given a service- connected disability retirement; and WHEREAS, the City of Miami Beach , engaged Stephen Marc Slepin , Esq. to represent it in this matter ; and WHEREAS, Stephen Marc Slepin has indicated that there is a strong possibility that Claimant will require extensive psychiatric treatment in the future , and that Claimant may receive a substan- tial permanent disability rating resulting from such psychiatric disability, and that the City may be subject to extensive compen- sation payments , costs , and attorney' s fees , as a result of con- tinued litigation in this matter; and WHEREAS , after prolonged negotiations with Claimant' s counsel , Stephen Marc Slepin has determined and recommended that it is in the best interest of the City to enter into a settlement under the provisions of F.S. 440. 20 (10) as amended; with which the City Attorney has concurred; such settlement calls for the payment by the City to said former employee of the sum of Twelve Thousand Five Hun- dred Dollars ($12, 500.00) payable to Claimant in a lump sum repre- senting a final settlement of any and all past , present and future compensation and medical benefits due him under the Workers' Com- pensation Law; Two Hundred and Forty Three Dollars ($243.00) to reimburse Claimant for certain costs incurred as a result of this matter; and a reasonable attorney' s fee of Three Thousand One Hun- dred Twenty Five Dollars ($3, 125.00) ; and WHEREAS, the Order of the Deputy Commissioner of Indus- trial Claims approving such settlement 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 Stephen Marc Slepin , as the Attorney for the City of Miami Beach , is hereby authorized to enter into a full settlement as approved by the Deputy Commissioner of Industrial Claims, and the Mayor , City Clerk, Finance Director , City Attorney, and Stephen Marc Slepin, be and they are hereby authorized and directed to comply with the Order of the Deputy Commissioner approving such stipulation. PASSED and ADOPTED this 6th day of August , 1980. =; 1 � APPROVED trAVEPT. By - •r C1/Date Attest: City C r ABG/rr OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 OFFICE OF THE GI fY A I TUHNtY 6:214 vf jam. watch F L O R I D A JOHN A. RITTER I.INCOry TELEPHONE 673-7470: CITY ATTORNEY ��H 16.E COMMISSION MEMORANDUM NO. ?4(00 DATE: August 6 , 1980 TO: Mayor Murray Meyerson and Members of the City Commission City Manager Harold T. Toal FROM: John A. Ritter City Attorney SUBJECT: RICHARD TRADO v. CITY OF MIAMI BEACH Claim No : 557-62-7569 D/A: 3-2-75 Claimant, Richard Trado , is a former City of Miami Beach Policeman who was injured on March 2, 1975, when he was shot in the performance of his duties as a Police Officer , suffering injury to his right hand, wrist , and arm. He was subsequently given a service-connected disability retirement . The City engaged Stephen Marc Slepin, Esq. to represent it in this matter and over the past few years there has been extensive litigation involving numerous complex legal and factual issues . In 1978 the Judge of Industrial Claims awarded the Claimant temporary total disability benefits from August 19 , 1976 to November 7, 1977, permanent partial disability of 37% of the arm, permanent partial disability of 5% of the body as a result of a psychiatric disability, attorney' s fees , and reserved jurisdiction on loss of wage earning capacity. The City appealed that Order to the Industrial Relations Commission which reversed the Judge of Industrial Claims and held that no fee was due Trado' s counsel , and that the award of a 5% psychiatric disability was error , (this claim was premature) but gave Trado' s counsel $250.00 in appellate fees . The Industrial Relations Commission did not rule on the issue of the Judge reserving jurisdiction on loss of wage earning capacity. Claimant appealed that IRC decision to the Florida Supreme Court where the case is currently pending. The City has paid the 37% of the arm rating to the Claimant . Mr. Slepin has indicated that there is a strong possibility that the Claimant will require extensive psychiatric treatment in the future and that he may receive a substantial permanent disability rating on the psychiatric disability, regardless of the outcome of the case in the Supreme Court . Additionally, it is his opinion that there will be continuing claims for benefits by Claimant against the City which will result in continued litigation , exten- sive compensation payments by the City and additional attorney' s fees and costs that will be incurred. As a result of the foregoing, Mr . Slepin entered into negotiations with Claimant' s attorney and a tentative agreement was reached , subject to City Commission approval to settle this case as follows : 1 . $12, 500.00 payable to the Claimant in a lump sum repre- senting all workers' compensation, including temporary total , temporary partial , permanent partial and permanent total dis- ability payments and medical payments, due him past , present and future ; 56 AGENDA �I Lit I TEM �/ "� (� DATE Sk... _ V 0 2. Claimant' s attorney' s fee to be $3,125.00 3. $243.00 to reimburse Claimant for certain costs incurred as a result of the litigation of this matter; for a total of Fifteen Thousand Eight Hundred Sixty Eight ($15, 868.00) Dollars 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 Workers' Compensation Law. It is the opinion of Stephen Marc Sleppin , attorney for the City in this matter, that the compromising settlement of this claim is in the best financial interest of the City with which the City Attorney concurs and, therefore , this proposed settlement is recommended for the favorable consideration of the City Commis- sion. Prepared by: / 4 Alan B. Gest Assistant City Attorney JAR/ABG/rr 57 -2- UKl(i1NAL RESOLUTION NO. 80-16348 (Authorizing settlement of Worker's Compensation Claim: Richard Trado v CMB)