Resolution 74-14530 RESOLUTION NO. 74-14530
Authorizing settlement of Workmen's Compensation
claim - Grady Pierce v. City of Miami Beach
WHEREAS , on March 5, 1974, one GRADY PIERCE, a City of
Miami Beach employee, suffered an injury to his right eye, when
a foreign object flew into it while he was dumping trash, and
WHEREAS , said employee was examined by Dr. Leo Grossman
and treated by Dr. Morton Morgan, an eye specialist, who determined
that Claimant has a permanent partial disability of Five percent
(5%) , and
WHEREAS , the City Attorney has recommended to City Council
that it is in the best interest of the City to enter into a settle-
ment under the provisions of FSS 440. 20 (10) as amended, such
settlement to be in the amount of $1, 287. 50. $900. 00 of this •
amount to the Claimant as a final settlement of any and all past,
present and future compensation and medical benefits due Mr. Pierce
under the Workmen 's Compensation Act of the State of Florida,
$270. 00 payable as a reasonable Attorney's fee, $35. 00 reimbursed to
the Claimant for out-of-pocket medical costs, $30. 00 payable to
Dr. Morton Morgan as the remainder owed on his bill, $32 . 50 payable
to Claimant' s Attorney as legal costs and $20. 00 Court Reporter' s
fee , and
WHEREAS , the order of the Judge of Industrial Claims
approving such settlement stipulation will not be subject to modi-
fication 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
as herein before set forth ;
NOW, THEREFORE, BE IT RESOLVED BY THIS CITY COUNCIL OF
THE CITY OF MIAMI BEACH, FLORIDA, that the City Attorney be author-
ized to enter into final settlement as approved by a Judge of
Industrial Claims, 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 6th day of November , 1974.
f .;
"---17evf'.1
Mayor
Attest:
1_,337717
City Clerk
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
RESOLUTION NO. 74-14531
IN COMPLIANCE WITH REQUEST BY THE DADE
COUNTY COORDINATING COUNCIL SUGGESTING THE
EXPEDITING OF CERTAIN CAPITAL IMPROVEMENT
PROGRAMS..
WHEREAS , the Dade County Coordinating Council has requested
the City Council of the City of Miami Beach, Florida to adopt an
appropriate resolution agreeing to expedite certain capital improve-
ment programs from revenues available through general obligation
bonds heretofore authorized by the electorate, or from any other
available funds for said purpose, and
WHEREAS , the Dade County Coordinating Council has requested
similar resolutions from Metropolitan Dade County, the Dade County
School Board, and the Cities of Miami and Coral Gables, and
WHEREAS , the City Council of the City of Miami Beach is
in accord and heartily concurs with the finding and determination
of the said Coordinating Council of Dade County that such action
by said governmental agencies will stimulate and improve the current
adverse economic situation, and
WHEREAS , the City Council is desirous of being the first
governmental agency to pass and adopt such requested resolution and
to ;De the first municipality and governmental agency in Dade County
to take active steps to implement and execute the purpose and
intent of said request by said coordinating council of Dade County.
NOW, THEREFORE BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF MIAMI BEACH, FLORIDA, that it is the desire and intent
of said City Council to pursu,2 vigorously and actively the said ;pct
requested by said Coordinating Council and,
BE IT FURTHER RESOLVED by said City Council that it will
immediately and forthwith review all its pending capital improve-
ment programs from revenues available through general obligation
bonds heretofore authorized by the electorate, or from any other
source of capital funds, and will examine each individual project
following in two (2) said categories and will, following such review
and examination forthwith direct the City Manager to execute
expeditiously and forthwith all such capital improvement projects
immediately upon the approval thereof by the City Council,and
BE IT FURTHER RESOLVED that the City Council of the City
of Miami Beach, Florida that in executing the purpose and intent of
the said request of said Coordinating Council all governmental
agencies are hereby advised and informed by the City has, this date,
authorized and directed the immediate execution and implementation
of two specific capital improvement programs, to wit:
City of Miami Beach Youth Center
at a bid cost of Two Million Two
Hundred Thousand Dollars .
($2, 200, 000. 00)
The multiple purpose assembly room
South Shore Community Center at an
estimated bid cost of One Hundred
Sixty Thousand Dollars .
($160, 000. 00)
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
TO: Frank R. Spence, City Manager DATE: October 17, 1974
FROM: Joseph A. Wanick, City Attorney
SUBJECT : GRADY PIERCE v. CITY OF MIAMI BEACH
F.I .C. CLAIM: 252-42-1511
D/A: MARCH 6, 1974
The City can settle this Workmen' s Compensation Claim for
$1, 287. 50 as a lump sum settlement. If this case goes to trial,
it is probable that a sum in excess of $3, 000. 00 will be awarded
to Claimant, based upon claimed permanent disability, loss of
earning capacity, and possible future hospitalization resulting
in a greater disability.
This 28 year old employee suffered an injury to his right
eye on March 5, 1974 , when a foreign object flew into it while he
was dumping trash. He was seen at the City Clinic and referred to
Dr. Morton Morgan, an eye specialist, for treatment. Dr. Morgan
determined that Claimant has a permanent partial disability.
After considerable negotiations with Claimant's counsel,
Mr. Howard Pelzner, a tentative agreement was reached, subject to
City Council approval, to settle this case as follows :
1. $900. 00 payable to Claimant in a lump sum,
representing all Workmen' s Compensation and
medical benefits due him, past, present
and future.
2. $270 payable to Claimant' s counsel, as a
reasonable attorney' s fee.
3. $35. 00 reimbursed to the Claimant for out-
of-pocket medical costs.
4. $30. 00 payable to Dr. Morton Morgan as the
remainder owed on his bill.
5. $32. 50 payable to Claimant' s attorney as
legal costs.
6. $20. 00 payable for court reporter fees.
for a total of $1,287. 50 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.
I therefore, recommend it to be in the best interest of
the City to compromise and settle this claim on the basis outlined.
0/061
JAW/bw
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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