Resolution 77-15509 RESOLUTION NO. 77-15509
A RESOLUTION AUTHORIZING ACCEPTANCE OF ENTRY INTO
A FINAL SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN'S COMPENSATION CLAIM OF GEORGE NELOMS
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on July 10 , 1975, one GEORGE NELOMS , a former
City of Miami Beach employee, suffered injuries to his back while
in the performance of his duties.
WHEREAS , on November 5 , 1976 , said former employee suf-
fered a fracture to his ankle while in the performance of his
duties.
WHEREAS , said former employee was examined by Dr. Grossman,
Dr. Turbin and Dr. Gordon. Dr. Turbin determined that the Claimant
had a five percent (5%) permanent partial disability of the body as
a whole. Dr. Gordon determined that the Claimant had a fifteen per-
cent (15%) permanent partial disability of the body as a whole.
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 FSS S 440. 20 (1) , as amended. Such
settlement calls for the payment by the City to the former employee
of the sum of $3 ,500. 00 , less advance payments of $1,680 . 00 for a
total of $1, 820. 00. This amount to the Claimant represents a final
settlement of any and all past, present and future compensation and
medical benefits due him under the Workmen' s Compensation Law. A
reasonable attorney' s fee to be $800. 00.
WHEREAS, the Order of the Judge of Industrial Claims
approving such a 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 herein before set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the City Attorney be auth-
orized 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 21st day of December , 1977 .
L4JLL
Mayor
Attest:
City Clerk
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
TO: Dodd A. Southern, City Manager DATE : December 14 , 1977
FROM: Joseph A. Wanick, City Attorney
SUBJECT: GEORGE NELOMS v. CITY OF MIAMI BEACH
F. I.C. # 253-76-2506
D/A: 7/10/75 and 11/5/76
George Neloms , a former City of Miami Beach employee, was
injured in two accidents in the course of his employment
with the City. The first occurred on July 10 , 1975 , when
he stepped into a hole and injured his back. The second
occurred on November 5, 1976 , when he sustained a fracture
to his left ankle when he tripped over a sprinkler.
His performance ratings were unsatisfactory during this
period because of his lack of attendance. He claimed he
was not on the job because he was injured and he was
unable to do the work required. He was subsequently
terminated, approximately one month following his second
injury. If it is determined at the hearing that he was
terminated because of his injury, the City will be liable
on a loss of earnings claim.
The Claimant has been seen by Dr. Grossman, Dr. Turbin and
Dr. Gordon. Dr. Turbin determined that the Claimant had a
5% permanent partial disability of the body as a whole.
Dr. Gordon determined that the Claimant had a 15% perma-
nent partial disability of the body as a whole.
If this case goes to trial, a claim based upon Dr. Gordon' s
permanent partial disability rating, loss of earnings , and
future medical care, could result in liability to the City
in excess of $6 , 500. 00.
After negotiations with the Claimant' s counsel, Mr. Lewis
Cohen, a tentative agreement was reached subject to City
Commission approval to settle this case as follows :
1. $3, 500 . 00 less advance payments of $1, 680. 00 for a
total of $1, 820. 00 payable to Claimant in a lump sum which
represents all Workmen' s Compensation and medical benefits
due him past, present and future;
2. $800 . payable to Claimant' s counsel, as a reasonable
attorney' s fees.
For a total of $2, 620. 00 payable by the City in full dis-
charge 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 the Workmen' s Compensation law.
This settlement agreement is in accordance with a recommendation
by Dr. Leo Grossman.
Based on the foregoing, I recommend it to be in the best
interest of the City to compromise and settle this claim
on the basis outlined.
Joseph A. Wanick, City Attorney
BARBARA S. KIPNIS
Assistant City Attorney
JAW/BSK:rs
OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
ORIGINAL
RESOLUTION NO. 77-15509
(Authorizing final settlement agreement
re Workmen s Compensation Claim of
George Neloms vs. CMB)
S