Resolution 76-15027 •
RESOLUTION NO. 76-15027
A RESOLUTION AUTHORIZING ACCEPTANCE OF
AND ENTRY INTO A FINAL SETTLEMENT
STIPULATION IN CONNECTION WITH WORKMEN'S
COMPENSATION CLAIM OF ALAN BARR AGAINST
THE CITY OF MIAMI BEACH.
WHEREAS, on July 9, 1975, one ALAN BARR, a former City of
Miami Beach employee suffered an injury to his right leg while excavating
trenches for the installation of water sprinklers, and
WHEREAS, said former employee was examined by Dr. Leo Grossman
and treated by Dr. Donald Minervini, who determined that Claimant has a
fifteen (15%) 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 F.S.S. 440.20 (10) , as amended. Such settlement calls
for the payment by the City to the Claimant of the sum of $6,467.00.
$4,975.00 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. $1,492.00 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 this 28th day of April , 1976.
C77-
�- MAYOR
Attest:
City Clerk
•
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
RiHIVED
'76 APR 12 PM 1 57
Gi
TY MANAGER'S OFFICE
TO: Frank R. Spence, City Manager DATE: April 7, 1976
FROM: Joseph A. Wanick, City Attorney
SUBJECT: ALAN BARR vs. CITY OF MIAMI BEACH
F.I.C. CLAIM #222-38-9588
D/A: JULY 9, 1975
The City can settle this Workmen!s Compensation Claim for
$6,467.00 as a lump sum settlement. If this case goes to trial, it is
probable that a sum in excess of $9,000.00 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
right leg on July 9, 1975, while excavating trenches for the installation
of water sprinklers. He was seen at the City Clinic and referred to
Dr. Minervini, who determined that Claimant has a fifteen (15%) per cent
permanent partial disability of his body as a whole.
After considerable negotiations with Claimant's counsel,
Mr. Arnold R. Gellman, a tentative agreement was reached, subject
to City Council approval, to settle this case as follows:
1. $4,975.00 payable to Claimant in a lump sum
representing all Workmen's Compensation and
medical benefits due him past present and
future.
2. $ 1,492.00 payable to Claimant's counsel, as a
reasonable attorney's fee.
for a total of $6,467.00 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.
01,ilre •ire,(1), .e.,64""
JOSEP y
. WANICK
City Attorney
AGENDA
ITEM � f
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIA DATE 6 iyV '7 C
ORIGINAL
RESOLUTION NO. 76-15027
(Authorizing acceptance of final settle-
ment stipulation re Workmen's Compensa-
tion claim of Alan Barr vs. CMB)