13149 RESOLUTION NO. 13149
WHEREAS , on August 6, 1964 and July 14, 1965,
Jack Sheppard, while employed by the City of Miami Beach
Police Department, had injuries to the right shoulder, and
WHEREAS , the injured employee was examined and/or
treated by the City Physician, Dr. Leo Grossman, Drs. Norman
Borken, Alexander Kushner, Samuel Turek, Lyle W. Russell,
Arturo C. Ortiz, Duke B. Baird, Pedro Arroyo and Robert
Tolmach, and
WHEREAS , Dr. Lyle W. Russell evaluated the claimant
as having a 20% permanent partial disability of the right
upper extremity, and Drs . Arturo C. Ortiz and Duke B. Baird
evaluated claimant as having a 15% permanent partial disability
of the body as a whole, and
WHEREAS , the City had accepted and paid claimant
for his 20% permanent partial disability of the right upper
extremity in 1969, and
WHEREAS, claimant has had several operations on
his shoulder going into the body and that his condition will
warrant a minimal award of 15% of the body as a whole, and
WHEREAS , the City Attorney has recommended that
it is in the best interest of the City to enter into a
compromise settlement stipulation under the provisions of
§440.20 (10) , Florida Statutes, such settlement to be in the
total amount of $1,470.00, payable to the claimant and his
attorney, and
WHEREAS , the payment of the sum hereinbefore set
forth will discharge forever the City' s liability of every
description for past, present and future workmen' s compensation
benefits payable as a result of the above enumerated accidents,
and
WHEREAS , the Order of the Judge of Industrial Claims
approving the settlement stipulation will not be subject to
modification or review, and
WHEREAS , the City Council deems it to be in the best
interest of the City to enter into a final settlement stipulation
upon the terms hereinbefore set forth;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Legal Department
be authorized to enter into a final settlement stipulation with
Jack Sheppard and his attorney, and if said agreement is approved
by the Judge of Industrial Claims, the Mayor and City Clerk-
Finance Director, be and they are hereby authorized and directed
to comply with the order of the Judge of Industrial Claims approving
said stipulation.
PASSED and ADOPTED this 4th day of November , 1970.
Mayo
Attest :
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City Clerk - Finance Director
OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139