Resolution 79-15873 RESOLUTION NO. 79-15873
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN' S COMPENSATION CLAIM OF RICHARD DIXON
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on November 29, 1976 , one RICHARD DIXON, an
employee of the City of Miami Beach, suffered injuries to his neck,
back, and shoulders when the City vehicle he was driving was hit
by another vehicle, and
WHEREAS, said employee was seen by Dr. Leo Grossman, the
City Physician, Dr. Stephen Turbin, Dr. Alvin Tobis, Dr. Joel Dokson,
Dr. David Lehrman, Dr. Richard Glatzer and Dr. Charles Weiss and it
was determined that the Claimant has a permanent partial disability
of the body, based upon evidence of a compression fracture of the
thoracic spine and residual pain, 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 Statute 440. 20 (10) , as amended;
such settlement calls for the payment by the City to said employee
of the sum of Four Thousand Three Hundred Twelve Dollars ($4 ,312 . 00)
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 One Thousand Seventy Eight Dollars ($1, 078 . 00) , and
WHEREAS, the Order of the Judge of Industrial Claims
approving such settlement stipulation will not be subject to modi'
fication or review, and
WHEREAS, the City Commission deems it to be in the best
interest of the City to enter into a final settlement stipulation
as here and above set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, 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 such stipulation.
PASSED and ADOPTED this 4th day of April , 1979 .
iayor
Attest:
(1 .0t); ,(
City Clerk
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
Gary OF mum BEACH
Gavin W. O'Brien
TO: City Manager DATE: 3-29-79
FROM: Robert L. Shevin
City Attorney
SUBJECT: RICHARD DIXON
Claim No: 223-70-3021
D/A: 11-29-76
Richard Dixon is a 30 year old employee of the City of Miami Beach
who was employed as a Transitional Recreation Guard I on January 12,
1972. On July 20, 1972, sir. Dixon was appointed to regular status
as a Recreation Guard I. On April 16, 1973, he was transfered to
the position of Probationary Housing Inspector and achieved regular .
status in that position on October 16, 1973. On April 1, 1974, Mr.
Dixon was promoted to the position of Code Enforcement Officer and
remains employed in that position at this time. On November 29, 1976 ,
while performing his duties, the Claimant suffered injuries to his
neck, back and shoulders when the City vehicle he was driving was
hit by another vehicle. The Claimant was seen by Dr. Leo Grossman,
City Physician for the City of Miami Beach, Dr. Alvin Tobis, Dr.
Stephen Turbin, Dr. Joel S. Dokson, Dr. David Lehrman, Dr. Richard
L. Glatzer, and Dr. Charles Weiss. Dr. Glatzer, the main treating
physician, determined that Claimant had a 5-10% permanent partial
disability of the body as a whole and Dr. Weiss determined that he
had a 5% permanent partial disability of the body as a whole based
upon evidence of a compression fracture of the thoracic spine and
residual pain. If the City were to go to trial on this case the
Judge of Industrial Claims is almost certain to find a 10o disability
with the possibility that the rating would be increased.:based upon
-
a loss of wage earning capacity. Additionally, it would be quite
costly to try this case because of the number of doctors that would
be required to testify necessitating expert witness fees that 'could
be well in excess of $1, 000. 00. There is also the possibility that
the Claimant may need some remedial treatment in the future which
the City would be required to pay. After considerable negotiations.
with the Claimant' s attorney, Norman Ciment, a tentative agreement
was reached, subject to City Commission approval, to settle this case
as follows:
1. $4,312. 00 payable to the Claimant in a lump sum representing all
Workmen' s Compensation, including temporary total payments, temporary
partial payments, permanent partial disability payments and medical
payments due him past, present and future with a waiver of the City's
equitable lien.
2. Claimant' s attorney' s fee to be $1, 078. 00;
for a total of Five Thousand Three Hundred Ninety Dollars ($5,390.00) •
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.
It is my opinion that the compromising settlement of this claim is
in the best financial interest of this City, and' I, therefore, re-
commend this proposed settlement to the favorable consideration of
the City Commission. Dr. Grossman, the City Physician, concurs and
joins in this rec. 'enda
'ir 0
Prepared by. ja r,. _ _111& 4
ALAN GEST
Assistant City Attorney
ABG/rr
ORIGINAL
RESOLUTION NO . 79-15873
(Authorizing settlement of Work-
men ' s Compensation Claim--
Richard Dixon vs . CMB)