Resolution 78-15573 RESOLUTION NO. 78-15573
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
DAWNILL MOBLEY AGAINST THE CITY OF MIAMI BEACH.
WHEREAS , on June 29 , 1977, one Dawnill Mobley, a former
City of Miami Beach employee, suffered injuries to his back in the
'performance of his duties , and
WHEREAS, said former employee was examined by Dr. Leo
Grossman and treated by Dr. Alen Gordon; it was determined that
Claimant has a five percent (5%) permanent partial disability of
the body as a whole, and
WHEREAS, the City Attorney has determined and recom-
mended that it is in the best interests of the City to enter into
a settlement under the provisions of Florida Statutes §440 . 20 (10) ,
as amended; such settlement calls for the payment of the City to
the former employee of the sum of $3 ,478 . 65; 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; and a reasonable attorney' s fee to be
$869. 67, and
WHEREAS, the Order of the Judge of Industrial Claims
approving such settlement stipulation will not be subject to
modification or review, and
WHEREAS, the City Commission deems it to be in the best
interests of the City to enter into a final settlement stipulation
as hereinabove set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the City Attorney be and he
is hereby 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 15th day of March , 1978 .
d - ;
s:
Mayor
Attest:
-:L/)t/2
City Clerk
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
TO: Dodd A. Southern, City Manager DATE: March 9 , 1978
FROM: Joseph A. Wanick, City Attorney
SUBJECT: DAWNILL MOBLEY v. CITY OF MIAMI BEACH
CLAIM NO. 266-08-8351
D/A: 6/29/77
The City can settle this Workmen' s Compensation claim for Three
Thousand, Four Hundred and Seventy-eight Dollars and sixty-five
cents ($3 ,478. 65) as a lump sum settlement , less attorney' s fees,
which will be an additional Eight Hundred and Sixty-nine Dollars
and sixty-seven cents ($869. 67) . If this case goes to trial, it
is probable that a sum in excess of the agreed settlement will be
awarded to the Claimant based on a claimed permanent disability,
loss of earning capacity, and possible future medical care which
may result in a greater disability. This 26 year old former em-
ployee suffered injuries to his back and spine when he fell while
'riding in the back of a truck during his work duty on the golf
course. Mr. Mobley was seen by Dr. Leo Grossman and referred to
Dr. Alen Gordon. Dr. Gordon determined that the Claimant has a 5%
permanent partial disability of the body as a whole. After con-
siderable negotiations with the Claimant' s attorney, Mr. James
Gray, a tentative agreement•was reached, sub-ject to City Commis-
sion approval, to settle this case as follows :
1. $3 ,478. 65 payable to Claimant in a lump sum
representing all Workmen' s Compensation ,
including temporary total payments and
permanent partial disability payments and
medical payments due him past , present
and future.
2. Claimant' s attorney' s fee to be $869. 67;
for a total of $4, 348. 32 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.
04f '4 (&n
JOSEP A. WANICK, City t orney
JAW/TJS:pc
Prepared by:
THEODORE J. SILVER
Assistant City Attorney
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH.FLORIDA 33139
ORIGINAL mi
RESOLUTION NO. 78-15573
(Authorizing settlement of Workmen's Com—
pensation Claim, Dawnill Mobley vs CMB)
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