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Resolution 80-16245 RESOLUTION NO. 80-16245 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKER'S COMPENSATION CLAIM OF CHARLIE PARKER AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on February 27 , 1975, one CHARLIE PARKER, an employee of the City of Miami Beach, suffered injury to his back while lifting a garbage can and has aggravated said back injury on numerous occasions since that time, including, but not limited to, the following dates : May 20 , 1975 , March 29 , 1977 , June 23 , 1977 , and September 18 , 1978; and WHEREAS, said employee was seen by Dr. Leo Grossman, the City Physician for the City of Miami Beach, Dr. Lawrence Lefkowitz, Dr. Stephen Turbin, Dr. Lloyd Goldman, Dr. Jack Miller and Dr. Joel Dokson and was treated at Mt. Sinai Hospital and it was determined that the Claimant has a permanent partial disability of the body as a whole, as the result of a chronic low back sprain or derangement with a spinal stenosis history, which condition is likely to be exacerbated from time to time in the future; and WHEREAS, the City Attorney has determined and recommended that it is the best interest of the City to enter into a settlement 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 Five Thousand One Hundred Forty-five Dollars ($5 , 145 . 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 Worker ' s Compensation Law; and a reasonable attorney' s fee to be One Thousand Two Hundred Seventy-nine Dollars ($1,279 . 00) ; 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 autho- rized and directed to comply with the Order of the Deputy Commis- sioner approving such stipulation. PASSED and ADOPTED this 9th day of April , 1980 . S or - \\\ Attest: City lerk ABG/rr OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 OFFICE OF THE C'TY ATTORNEY . . •4_ c',//a c• rb..1/9 / .. &s,t efLAraivm itxami F L O R I D A JOAN A. RITTER Ci TY A I TORNEY :,.. TELEPHONE :673-7470 COMMISSION MEMORANDUM NO. 8092 Date : March 5 , 1980 TO: Mayor Murray Meyerson and Members of the City Commission, Harold T. Toal, City Manager FROM: John A. Ritter ^ f,'; City Attorney1- -., . t SUBJECT: CHARLIE PARKER v. CITY OF MIAMI BEACH Claim No: 247-70-8294 D/A: 2-27-75 and 6-23-77 Charlie Parker is a 36 year old employee of the City of Miami Beach who was employed as a Probationary Waste Collector on November 24 , 1969 . On June 14 , 1970 , Mr. Parker was appointed to regular status as a waste collector and remains so employed at this time. On February 27 , 1975 , Claimant suffered injury to his back while picking up a garbage can. The back injury sustained by Claimant on said date has been aggravated on numerous occasions while Claimant was performing his duties as a waste collector, including, but not limited to, the following dates : May 20 , 1975 , March 29 , 1977 , June 23 , 1977 , September 18 , 1978 . The Claimant has been seen by Dr . Leo Grossman, City Physician for the City of Miami Beach, Dr . Lawrence Lefkowitz , Dr. Stephen Turbin, Dr. Lloyd Goldman, Dr. Joel Dokson and Dr . Jack Miller and has been treated at Mt. Sinai Hospital. Dr. Miller has deter- mined that Claimant has a 7-8% permanent partial disability of the body as the result of a chronic low back sprain which he indi- cates will probably continue to be exacerbated from time to time in the future. Dr. Turbin has determined that Claimant has a 5% permanent partial disability of the body as the result of a chronic low back derangement with a spinal stenosis history and recurrent back pain. If the City were to go to trial on this case, the Deputy Commissioner of Industrial Claims is almost certain to make a permanent disability finding in the area of 7% of the body and there remains the possibility that he might find a greater perma- nent disability as a result of a loss of wage earning capacity . Additionally, the City would remain responsible for the payment of Claimant' s medical bills in the future, which could be substan- tial in view of the fact that this is a recurring condition which has thepotential for worsening, resulting in a greater permanent disability. As a result of these factors and the cost of liti- gating this case, this office entered into negotiations with the Claimant' s attorney, Michael Limond, and a tentative agreement was reached, subject to City Commission approval , to settle this case as follows : 4. 1. $5, 145 . 00 payable to the Claimant in a lump sum representing all worker ' 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 $1, 279 . 00 ; for a total of Six Thousand Four Hundred and Twenty Four Dollars ($6 , 424 . 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 Worker ' s Compensation Law. It is my opinion that the compromising settlement of this claim is in the best financial interest of the City, and I, therefore, recommend this proposed settlement for the favorable consideration of the City Commission. // / / , il/ , Li Prepared by: ,.� Alan B. Gest Assistant City Attorney JAR/ABG/rr -2- Vlt.L I1Nk L RESOLUTION NO. 80-16245 (Authorizing settlement of Worker's Compensation Claim: Charlie Parker v CMB)