Resolution 76-14993 RESOLUTION NO. 76-14993
A RESOLUTION AUTHORIZING ACCEPTANCE OF
AND ENTRY INTO OF FINAL SETTLEMENT
STIPULATION IN CONNECTION WITH WORKMEN'S
COMPENSATION CLAIM OF MICHAEL COLOVOS
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on April 7, 1975, one MICHAEL COLOVOS, a former City
of Miami Beach employee, suffered an injury to his head and knees when he
was hit by a fork lift, and
WHEREAS, said employee was examined by Dr. Leo Grossman
and treated by Dr. Jordan K. Davis, who determined that Claimant has a
five (5%) per cent permanent partial disability of the body as a whole,
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 provision of FSS § 440.20 (10), as amended. Such settlement
calls for the payment by the City to the employee of the sum of $2,008.00.
$1,573.00 of 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. $435.00 is to be payable as
a reasonable Attorney's fee, and
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 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 THE CITY COUNCIL OF THE
CITY OF MIAMI BEACH, FLORIDA, that the City Attorney be authorized 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 thisl7th day of March 1976.
MAYOR
Attest:
City Clerk
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
TO: Frank R. Spence, City Manager DATE: March 9, 1976
FROM: Joseph A. Wanick, City Attorney
SUBJECT: MICHAEL COLOVOS vs. CITY OF MIAMI BEACH
F.I.C. CLAIM #054-46-6176
D/A: APRIL 7, 1975
The City can settle this Workmen's Compensation Claim for
• $2,008.00 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 medical care resulting in a greater disability.
This 23 year Old former employee suffered an injury to his
head and knees on April 7, 1975, when he was struck by a fork lift while
working in the Convention Hall. He was seen at the City Clinic and
referred to Dr. Jordan K. Davis for treatment. Dr. Jordan K. Davis
determined that Claimant has a five (5%) per cent permanent partial disability
of-his body as a whole.
,After considerable negotiations with Claimant's counsel, •
Mr. Ronald Alter, a tentative agreement was reached, subject to City
Council approval, to settle this case as follows:
1. $1,573.00 payable to Claimant in a lump sum
representing all Workmen's Compensation and
medical benefits due him past present and future.
2. $435.00 payable to Claimant's counsel, as a
reasonable attorney's fee.
for a total of $2,008.00 payable to 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.
410 of Jes irtel 7/i!' r
J
JOSEPH A. WANICK
City Attorney
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OFFICE OF THE CITY ATTORNEY -..1130 WASHINGTON AVENUE _ MIAMI BEACH, FLORIDA 33139
ORIGINAL
RESOLUTION NO. 76-14993
(Authorizing acceptance of final settle-
ment agreement with Workmen's Compensa-
tion re Michael Colovos V. CMB)