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Resolution 78-15689 RESOLUTION NO. 78-15689 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKMEN'S COMPENSATION CLAIM OF NICHOLAS CHIRONIS AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on June 29, 1977, one NICHOLAS CHIRONIS, an employee of the City of Miami Beach, during the course of his employment, suffered injuries, including three compressed vertebrae, fractures of the second, third and fourth lumbar vertebrae, and a hernia; and WHEREAS, said employee was examined by Drs. Leo Grossman, David Lehrman, Lyle Russell and a Dr. Goldman; Dr. Russell deter- mined that the Claimant, having reached maximum medical improvement, was left with a fifteen percent (15%) permanent partial disability of the body as a whole from an orthopedic viewpoint, without taking into consideration the possibility of an inguinal hernia, resulting from the same accident; Dr. Lehrman determined a twenty percent (20%) permanent partial disability; and WHEREAS, the City Attorney has determined and recommended that it is in the best interest of the City to enter into a settle- ment under the provisions of Florida Statutes §440. 20 (10) , as amended; such settlement calls for the payment of the City to the employee of the sum of $10, 400; this amount to the Claimant repre- sents a final settlement of any and all past, present and future compensation and medical benefits, loss of earning capacity, and all other future benefits, due him under the Workmen' s Compensation Law, and a reasonable attorney' s fee to be $1, 875; 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 2nd day of August, 1978 . r Mayor Attest: City Clerk OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 TO: Gavin O'Brien, City Manager DATE: July 31, 1978 FROM: Joseph A. Wanick, City Attorney SUBJECT: NICHOLAS CHIRONIS vs. CITY OF MIAMI BEACH Claim No. 088-20-6502 D/A: June 29, 1977 Our File No. WC-30 Nicholas Chironis, a 48-year-old male, was employed as a Golf Course Attendant for the City of Miami Beach, and on June 29 , 1977 , during the course of his employment, he had occasion to be seated in the back of a City Pickup Truck, travelling over the Golf Course. An investigation later revealed that the Pickup Truck was travelling at a rapid speed and struck a projection on the ground which thereupon caused Mr. Chironis to be thrown up in the air. Immediately sub- sequent thereto, the Truck rolled over. Mr. Chironis was found to have suffered severe and disabling injuries from this accident, including three compressed vertebrae, fractures of the second, third and fourth lumbar vertebrae, and a hernia. He was seen by Drs. David Lehrman, Lyle Russell, Leo Grossman and a Dr. Goldman. Dr. Russell determined that Mr. Chironis, having reached maximum medical improvement, was left with a 15% permanent partial disability of the body as a whole from an orthopedic viewpoint, without taking into consideration the possibility of an inguinal hernia, resulting from the same accident. Dr. Lehrman determined a 20% permanent partial disability. Mr. Chironis is being compensated at the present time. After con- siderable negotiations with the attorney for this Claimant, Norman Ciment, Esq. , a tentative agreement was reached, subject to your approval, as the basis for a settlement in this case: 1. Payment of $2, 900. 00 payable to Claimant, representing the temporary payments due him, past, present and future; 2. Payment of $7 , 500. 00 payable to Claimant, representing all compensation for any future medical payments, loss of earning capacity, and all other future benefits; 3. An Attorney' s fee for Claimant' s counsel in the sum of $1, 875. 00. The above amounts, payable by the City, would result in a full and complete discharge of any and all claims against the City and liability under Chapter 440 , Florida Statutes. In the event this claim was not settled, there is the possibility that at a final hearing before a Judge of the Industrial Claims Court, an award in excess of the above sum might be entered in favor of the Claimant. Further, the Claimant would have the right to future medical payments to be charged against the City for treatment related to the injuries he sustained in this accident. If a settlement were reached, how- ever, there could be no modification or review under the applicable law but neither could any future claim be made relating to the injuries sustained by this Employee, arising out of this accident. In addition, the attorney' s fee which is proposed, is a lesser amount than the Court might allow were the matter to go to a final heaing and were the Court to enter a greater award in favor of the Claimant. It is my opinion;•'that the proposed settlement would be in the interest of the City and I therefore recommend same to your favor- able consideration. Yoftg $"(e/iCe JOSEPH A. WANICK, City A t ney • JAW:pc OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 ORIGINAL s RESOLUTION NO. 78-15689 (Authorizing settlement of Workmen' s Compensation Claim--Nicholas Chironis vs CMB)