Resolution 76-15036 Po C..) 4 v
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RESOLUTION NO. 76-15036 Y I fi N �it'S O 'FIGt:
A RESOLUTION AUTHORIZING ACCEPTANCE OF
AND ENTRY INTO OF FINAL SETTLEMENT
STIPULATION IN CONNECTION WITH WORKMEN'S
COMPENSATION CLAIM OF MICHAEL BLUM AGAINST
THE CITY OF MIAMI BEACH.
WHEREAS, on March 12, 1975, one MICHAEL BLUM, a former City of
Miami Beach employee, suffered multiple hernias and other injuries while
lifting heavy equipment, and
WHEREAS, said former employee was examined by Dr. Leo Grossman
and treated by Drs. Tachmes, Manheimer, Dangremond, Griess and Feinstein.
It was determined that Claimant has a ten (10%) 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
provisions of FSS § 440.20 (10) , as amended. Such settlement calls for
the payment by the City to the former employee of the sum of $3,835.00.
$2,950.00 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. $885.00 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 5th day of May , 1976.
i ` _ MA R
Attest:
City Clerk
OFFICE OF THE CITY ATTORNEY — 1130 WASHINGTON AVENUE — MIAMI BEACH, FLORIDA 33139
'fib SAY _4 pyi 4 13
TO: Frank R. Spence, City Manager DATE: April 29, 1976
FROM: Joseph A. Wanick, City Attorney
. SUBJECT: MICHAEL BLUM vs. CITY OF MIAMI BEACH
F.I.C. CLAIM #081-38-3655
D/A: MARCH 12, 1975
The City can settle this Workmen's Compensation claim
for $3,835.00 as a lump sum settlement. If this case goes to trial,
it is probable that a sum in excess of $5,500.00 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 25 year old former employee suffered multiple hernias.
and. other injuries while lifting heavy equipment. He was seen at the
City Clinic and referred to Drs. Tachmes. Manheimer and Feinstein for treatment.
They determined that Claimant has a ten (10%) per cent permanent partial
disability of his body as a whole.
After considerable negotiations with Claimant's counsel,
Mr. Allan D. Fuller, a tentative agreement was reached, subject to City
Council approval, to settle this case as follows:
1. $2,950.00 payable to Claimant in a lump sum
representing all Workmen's Compensation
and medical benefits due him past present
and future.
2. $885.00 payable to Claimants counsel, as a
reasonable attorney's fee.
for a total of $3,835.00 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.
C4S-cff6(le PIK ‘aas n C6-
JOSEPH A. WANICK
City Attorney
AGENDA
ITEM Ce -C •
DATE Nr,.1 /7
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIA
ORIGINAL
RESOLUTION NO. 76-15036
(Authorizing acceptance of final settle-
ment agreement re Workmen's Compensation
Claim of Michael Blum vs. CMB)