Resolution 79-15989 RESOLUTION NO. 79-15989
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN'S COMPENSATION CLAIM OF LAURA SILK
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on July 5, 1978, one LAURA SILK, a former
employee of the City of Miami Beach, suffered injury to her
right ankle when she became dizzy from the heat and fell to
the ground while performing her duties for the City; and
WHEREAS, said employee was seen by Dr. W. Stanley
Weinkle, Dr. M. Viamonte, Dr. Carle E. Fabian, and, additionally,
was treated at Mt. Sinai Hospital, and Claimant continues to
complain of pain and swelling of the ankle, although no permanent
disability has been found, and the City continues to be responsi-
ble for the provision of further medical examinations and treatment
and has potential exposure should a permanent disability later be
found; 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 F.S. 440 . 20 (10) , as amended; such
settlement calls for the payment by the City to said employee of
the sum of Three Hundred Dollars ($300 . 00) , this amount to the
Claimant represents final settlement of any and all past, present
and future compensation and medical payments due her under the
Workmen' s Compensation Law and a reasonable attorney' s fee to be
Seventy Five Dollars ($75. 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 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 such stipulation.
PASSED and ADOPTED this 1st day of August , 1979 .
Mayor
Attest:
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CityCle
ABG/rr
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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F L O R I ® A
ROBERT L. SHEVIN ' #
CITY ATTORNEY ., TELEPHONE :673-7470
COMMISSION MEMORANDUM NO. 7 449
•
DATE: . August 1, 1979
TO: Dr. Leonard Haber, Mayor, and
Members of the City Commission,
City Manager Gavin W.• O'Brien
FROM: Robert L. Shevin At/g b a K•p,
City Attorney 7
SUBJECT: LAURA SILK v. CITY OF MIAMI BEACH
Claim No. 057-18-8647
D/A: 7-5-78
•
Laura Silk is a 57 year old former employee of the City of Miami
Beach who was employed as a Transitional Probationary Clerk-Typist
on October 25, 1977. On April 7, 1978 , Ms. Silk was rejected for
_ regular status and her employment with the City was terminated.
Ms. Silk was rehired by the City of Miami Beach on July 3, 1978,
as a Provisional Clerk and was terminated from that position on
July 7, 1978 . On July 5, 1978 , while performing her duties for
the City of Miami Beach, Ms. Silk became dizzy from the heat and
fell to the ground fracturing her right ankle. The Claimant was
seen by Dr. W. Stanley Weinkle, Dr. M. Viamonte, and Dr. Carle E.
Fabian and, additionally, received treatment at Mt. Sinai Hospital.
Dr. Weinkle determined that Claimant had suffered no permanent dis-
ability as a result of this accident, however, the Claimant continues
to complain of swelling and pain in the ankle and has requested addi-
tional medical treatment. The City has, thus, been placed in the
position of having to provide continued medical examinations and
treatment to Ms. Silk at the City' s expense. It should also be noted
that the City has a potential exposure for payment of permanent partial
disability should the Claimant find a doctor who is willing to state
that she has sustained a permanent injury to some degree. In view
. of these factors, the City entered into considerable negotiations
with the Claimant' s attorney, Stuart Abramson, in an effort to settle
this matter at the least possible cost to the City. As a result of
those negotiations, a tentative agreement was reached, subject to
City Commission approval, to settle this case as follows :
•
95
AGENDA �o
ITEM
DATE a ./_99
1. $300 . 00 payable to the Claimant in a lump sum representing
all workmen' s compensation, including temporary total, temporary
partial and permanent partial disability payments and medical pay-
ments due her, past, present and future;
2 . Claimant' s attorney' s fee to be $75 . 00;
for a total of Three Hundred Seventy Five Dollars ($375 . 00) payable
by the City in full discharge of any and all claims against the City
and all liability under Chapter 440 F. S. 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, therefore, recommend
this proposed settlement to the favorable consideration of the City
Commission. Dr. Grossman, the City Physician, concurs and joins in
,this recommendation.
RLS/ABG/rr
Page 2 of 2
ORIGINAL
RESOLUTION NO. 79-15989
(Authorizing settlement of Workmen's
Compensation Claim: Laura Silk vs CMB)