Resolution 78-15595 RESOLUTION NO. 78-15595
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN'S COMPENSATION CLAIM OF RAYMOND
TROTTER AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on January 29 , 1974 , one RAYMOND TROTTER, a
former retired employee of the City of Miami Beach, suffered a
severe injury when a heavy branch of a tree upon which he was
working fell upon his right elbow, and
WHEREAS, said former retired employee was examined by
Dr. Leo Grossman and treated by Dr. Stephen Turbin, Dr. Lyle
Russell, Dr. Burbacher and Dr. Gilbert. It was determined that
the Claimant has a permanent partial disability of his upper
extremity, 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 Statute 440. 20 (10) ,
as amended; such settlement calls for the payment by the City to
the former employee of the sum of Seven Thousand Dollars ($7,000) ;
this amount to the Claimant represents a final settlement of any
and all past, present and future compensation and medical payments
due him under the Workmen' s Compensation Law and a reasonable
attorney' s fee to be Two Thousand One Hundred Dollars ($2 , 100) ,
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 a 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 April , 1978.
•
et,„
Mayor
Attest:
City Clerk
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
TO: DODD A. SOUTHERN DATE: March 30, 1978
City Manager
FROM: JOSEPH A. WANICK
City Attorney
SUBJECT: RAYMOND TROTTER vs. CITY OF MIAMI BEACH
Claim No. : 016-24-3298
D/A: 1-29-74
Raymond Trotter was employed as a Waste Collector in the Public
Utilities Department of the City of Miami Beach. He was employed
by the City for approximately 9 years. His work performance
record was satisfactory overall. He was voluntarily retired by
the General Employees Pension Board on November 1, 1977 on a
service connected disability. On January 29, 1974, while perform-
ing his duties, the claimant suffered a severe injury when a heavy
branch of a tree upon which he was working fell upon his right
elbow. The claimant was seen my Drs. Leo Grossman, Russell,
Burbacher and Gilbert. Drs. Russell, Turbin, Burbacher and Gilbert
. have determined that he has a permanent partial disability of his
upper extremity. After considerable negotiations with the claimant' s
attorney, Edward Schroll, a tentative agreement was reached,
subject to City Commission approval, to settle this case as follows:
1. $7, 000 payable to the claimant in a lump sum
representing all Workmen' s Compensation,
including temporary total payments, temporary
partial payments, permanent partial disablity
payments and medical payments due him past,
present and future.
2 . Claimant' s attorney' s fee to be $2, 100;
for a total of Nine Thousand One Hundred Dollars ($9, 100. 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 settle-
ment should not be subject to modification or review under Workmen' s
Compensation Law.
It is my opinion that the compromising settlement of this claim is
in the best financial interest of this City, and I, therefore,
recommend this proposed settlement to the favorable consideration
of the City Commission.
co.
JOSEPH A . WANICK, City Attorney
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
ORIGINAL
RESOLUTION NO. 78-15595
(Authorizing settlement of Workmen's
Compensation Claim:Raymond Trotter vs
CMB)