Resolution 78-15574 RESOLUTION NO. 78-15574
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN'S COMPENSATION CLAIM OF JOSE MARTINEZ
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on December 10 , 1975, one Jose Martinez , a
retired former employee of the City of Miami Beach, suffered
injuries to his head and chest in the performance of his duties ,
and
WHEREAS , said former employee was examined by Dr. Leo
Grossman and treated by Dr. Horacio R. Suarez; it was determined
that the 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 interest 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 $4, 043; 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
$1, 500 , 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 .
Mayor
Attest:
n
City Clerk
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
4 tf
TO: Dodd A. Southern, City Manager
FROM: Joseph A. Wanick, City Attorney
DATE: March 10 , 1978
SUBJECT: Jose Martinez v. City of Miami Beach
•
Claim Number 264-09-3415
D/A: 11/10/75
The City can settle this Workmen' s Compensation claim for $4, 043
as a lump sum settlement less attorney' s fees which will be an
additional $1,500. The City has already paid to the Claimant the
sum of $2, 021. 25 for a disability rating of the body as a whole.
Of this said amount, the Claimant has returned to the City for
discharge of its equitable lien against him the sum of $1, 106. 28 .
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 resulting in a greater disability.
This 59 year old retired employee suffered injuries to his neck,
back .and chest when involved in an automobile accident while
working for the City. Mr. Jose Martinez was seen by Dr. Grossman
and Dr. Suarez. Dr. Suarez determined that the claimant has a 5%
permanent partial disability of the body as a whole. After con-
siderable negotiations with claimant' s attorney, Mr. Murray
Meyerson , a tentative agreement was reached subject to City
Commission' s approval to settle this case as follows :
1. $4 , 043. 00 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 $1,500 . 00;
for a total now payable by the City of $5, 543 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.
Z therefore recommend it to be in the best interest of the City to
compromise and settle this claim on the basis outlined.
/0/06 • ,(101161
JOSEPH A. WANICK, City Attorn y
JAW/TJS :pc
Prepared by:
THEODORE J. SILVER
Assistant City Attorney
AGENDA
ITEM L.
DATE -15-7
OFFICE OF THE CITY ATTORNEY-1790 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
ORIGINAL
RESOLUTION NO. 78-15574
(Authorizing settlement of Workmen's Com-
pensation Claim, Jose Martinez vs CMB)
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