Resolution 79-16011 RESOLUTION NO. 79-16011
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN'S COMPENSATION CLAIM OF DAVID LEE
DONALDSON AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on August 20 , 1974 , one DAVID LEE DONALDSON, an
employee of the City of Miami Beach, suffered injury to his left
leg when he stepped in a hole in the grass and twisted his knee; and
WHEREAS, said employee was examined by Dr. Leo..Grossman,City
Physician for the City of Miami Beach, Dr. M. Viamonte, Dr. Todd Kim,
Dr. Lyle Russell, Dr. W. Stanley Weinkle, Dr. Michael P. Goodson,
Dr. Harold Unger, Dr. Donald Alderman, Dr. Alvin Tobis, and was
treated and operated on at Mt. Sinai Hospital for the removal of
the cartilage in the left knee and it was determined that the
Claimant has a permanent partial disability of the left leg,
based upon the removal of the cartilage and recurrent pain and
swelling in the knee; 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 One Thousand One Hundred Thirty Dollars ($1,130. 00) ,
this amount to the Claimant represents thefinal 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 Three Hundred Thirty-Nine Dollars ($339 . 00) ; 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
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 5th day of September , 1979.
Mayor
Attest:
City Cle k
ABG/rcp
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
II-1h CITY ATTORNEY
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F L 0 R I 0 A
ROBERT L. SHEVIN " • :
CITY ATTORNEY 'mo. TELEPHONE :673-7470
COMMISSION MEMORANDUM NO. 7710
DATE: September 5 , 1979
TO: Dr. Leonard Haber, Mayor, and
Members of the City Commission,
City Manager Gavin W. O'Brien
FROM: Robert L. Shevin
City Attorney
SUBJECT: DAVID LEE DONALDSON V. CITY OF MIAMI BEACH
Claim No. 267-15-8958
D/A: 8-20-74
David Lee Donaldson is a 24 year old employee of the City of Miami
Beach who was employed as a Probationary Park Attendant I on
September 18 , 1973, and attained regular status in that position
on March 19 , 1974 . On August 13 , 1979 , he was promoted to the position
of Tree Maintenance Worker and is so employed at this time. On
August 20 , 1974 , while performing his duties as a Park Attendant I,
the Claimant suffered injury to his left knee when he stepped in „a
hole in the grass, twisting the knee. The Claimant was seen by
Dr. Leo Grossman, City Physician for the City of Miami Beach,
Dr. M. Viamonte, Dr. Todd Kim, Dr. Lyle Russell, Dr. W. Stanley
Weinkle, Dr. Michael P. Goodson, Dr. Harold Unger, Dr. Donald
Alderman, Dr. Alvin Tobis, and was treated and operated on at.
Mt. Sinai Hospital for the removal of the cartilage in the left
knee. Dr. Russell determined that Claimant has a five per-cent
permanent partial disability of the left leg as a result of the
removal of the cartilage in the knee and Dr. Tobis subsequently
determined that Claimant has a five to ten per-cent permanent
partial disability of the left knee. The City has voluntarily
paid the five per-cent disability rating. If the City were to
go to trial on this case, the Judge of Industrial Claims is almost
certain to find a ten per-centdisability of the left leg based
upon Dr. Tobis ' rating and the fact that Claimant continues to have
pain and swelling of the knee. Additionally, it should be noted
that Dr. Tobis has indicated the possibility of further surgery
and medical treatment. Such further remedial treatment creates
a strong possibility that a greater permanent partial disability
will result. The City, of course, would be responsible for the
additional remedial treatment and any increase in the disability
rating. The City would also be subject to further expense in trying
this case as a result of the costs it will necessarily incur for
expert witness fees. After considerable negotiations with the
Claimant' s attorney, E. Dennis Brod, a tentative agreement was
reached, subject to City Commission approval, to settle this case
as follows:
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1. $1,130. 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 payments due
him past, present and. future;
2. Claimant' s attorney' s fee to be $339. 00;
for a total of One Thousand Four Hundred Sixty Nine Dollars ($1, 469. 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,
recommend this proposed settlement to the. favo_rable consideration
of the City Commission. Dr. Grossman, the City Physician, concurs
and joins in this recommendation.
,RLS/ABG/rcp
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ORIGINAL
RESOLUTION NO. 79-16011
(Authorizing settlement of Workmen's
Compensation Claim: David Lee Donaldson
vs CMB) '�'