Resolution 79-16118 RESOLUTION NO. 79-16118
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN'S COMPENSATION CLAIM OF JAMES CORBETT
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on November 19 , 1978 , one JAMES CORBETT, an
employee of the City of Miami Beach, suffered injury to his left
foot when he tripped over a pipe sticking out from the ground and
fractured said foot; and
WHEREAS, said employee was examined by Dr. Leo Grossman,
City Physician for the City of Miami Beach, Dr. M. Viamonte,
Dr. Sylvan Sarasohn, and Dr. Lloyd S. Goldman and was treated at
Mt. Sinai Hospital and it was determined that the Claimant had a
fracture of the left foot and there is a possibility that he will
receive a permanent partial disability rating in the future and that
the City will be required to provide further medical treatment
to the Claimant; and
WHEREAS, the City Attorney has determined and recommended
that it is in the best interest of the City to enter into a settlement
under the provisions of Florida Statute 440 . 20 (10) as amended; said
settlement calls for the washout of this claim by the Claimant in
consideration for the City ' s waiver of its lien for equitable distri-
bution in Claimant' s third party case, and such settlement represents
the final settlement of any and all past, present and future compen-
sation and medical payments due Claimant under the Workmen' s Compen-
sation Law; and
WHEREAS, the Order of the Deputy Commissioner 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 Deputy Commissioner 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 Deputy Com-
missioner approving such stipulation.
PASSED and ADOPTED this 5th day of December , 1979 .
Ma •
Attest:
(SEAL)
City Clerk
kBG/rr
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
(4404Werid27122ai
F L O R I D A
ROBERT L. SHEVIN
CITY ATTORNEY 4 � TELEPHONE :673-7470
COMMISSION MEMORANDUM NO.
DATE: November 7 , 1979
TO: Dr. Leonard Haber, Mayor, and
Members of the City Commission,
City Manager Gavin W. O'Brien
FROM: Robert L. Shevin c ( 7 <\ryk
City Attorney
SUBJECT: JAMES A. CORBETT v. CITY OF MIAMI BEACH
Claim No: 058-34-4875
D/A: 11-19-78
James Corbett is a 37 year old employee of the City of Miami
Beach who was employed as a Police Officer on June 18 , 1973
and has remained in that position since that time. On
November 19, 1978, while performing his duties as a police
officer, the Claimant suffered injury to his left foot when
he tripped over a pipe sticking out of the ground, fracturing
the foot. The Claimant was seen by Dr. Leo Grossman, City
Physician for the City of Miami Beach, Dr. Lloyd S . Goldman,
Dr. M. Viamonte, Dr. Sylvan Sarasohn, and was treated at Mt.
Sinai Hospital. The Claimant has not, at this time, been
given a permanent disability rating by any of the doctors ,
however, he continues to complain of pain and difficulties
with respect to the foot. There is a possibility that the
Claimant will receive a permanent partial disability rating
at some point in the future should he continue to have
problems with the foot and should this case remain open.
Additionally, the City would be responsible for any further
medical treatment that might be required. In view of the
potential future exposure of the City, this office entered
into considerable negotiations with the Claimant' s attorney,
Lawrence A. Fuller, and a tentative agreement was reached,
subject to City Commission approval, to settle this case as
follows: -
1. The claim is to be washed out with no further payments
by the City for temporary total, temporary partial and
permanent partial disability or medicals past, present and
future. In consideration for such washout, the City will
agree to waive its lien for equitable distribution in Claimant's
third party case. Such lien is in the amount of $1, 390 . 50 ,
however, it is unlikely that the City would recover the full
amount of such lien;
2. No attorney' s fee is to be paid in this matter;
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 favorable
consideration of the City Commission. Dr. Grossman, the
City Physician, concurs and joins in this recommendation.
RLS/ABG/rr
ORIGINAL
RESOLUTION NO. 79-1611 S
(Authorizing settlement of Workmen's
Compensation Claim; James Corbett vs.
CMB)