Resolution 80-16348 RESOLUTION NO. 80-16348
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKER'S COMPENSATION CLAIM OF RICHARD TRADO
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on March 2, 1975, one RICHARD TRADO, a former
City of Miami Beach Policeman , was shot while in performance of his
duties and suffered injury to his right hand , wrist , and arm,
resulting psychiatric problems; and
WHEREAS , said employee was subsequently given a service-
connected disability retirement; and
WHEREAS, the City of Miami Beach , engaged Stephen Marc
Slepin , Esq. to represent it in this matter ; and
WHEREAS, Stephen Marc Slepin has indicated that there is a
strong possibility that Claimant will require extensive psychiatric
treatment in the future , and that Claimant may receive a substan-
tial permanent disability rating resulting from such psychiatric
disability, and that the City may be subject to extensive compen-
sation payments , costs , and attorney' s fees , as a result of con-
tinued litigation in this matter; and
WHEREAS , after prolonged negotiations with Claimant' s
counsel , Stephen Marc Slepin has determined and recommended that it
is in the best interest of the City to enter into a settlement under
the provisions of F.S. 440. 20 (10) as amended; with which the City
Attorney has concurred; such settlement calls for the payment by the
City to said former employee of the sum of Twelve Thousand Five Hun-
dred Dollars ($12, 500.00) payable to Claimant in a lump sum repre-
senting a final settlement of any and all past , present and future
compensation and medical benefits due him under the Workers' Com-
pensation Law; Two Hundred and Forty Three Dollars ($243.00) to
reimburse Claimant for certain costs incurred as a result of this
matter; and a reasonable attorney' s fee of Three Thousand One Hun-
dred Twenty Five Dollars ($3, 125.00) ; and
WHEREAS, the Order of the Deputy Commissioner of Indus-
trial Claims approving such settlement 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 Stephen Marc Slepin , as the
Attorney for the City of Miami Beach , is hereby authorized to enter
into a full settlement as approved by the Deputy Commissioner of
Industrial Claims, and the Mayor , City Clerk, Finance Director , City
Attorney, and Stephen Marc Slepin, be and they are hereby authorized
and directed to comply with the Order of the Deputy Commissioner
approving such stipulation.
PASSED and ADOPTED this 6th day of August , 1980.
=; 1 � APPROVED
trAVEPT.
By - •r
C1/Date
Attest:
City C r
ABG/rr
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
OFFICE OF THE GI fY A I TUHNtY
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F L O R I D A
JOHN A. RITTER I.INCOry TELEPHONE 673-7470:
CITY ATTORNEY ��H 16.E
COMMISSION MEMORANDUM NO. ?4(00
DATE: August 6 , 1980
TO: Mayor Murray Meyerson and
Members of the City Commission
City Manager Harold T. Toal
FROM: John A. Ritter
City Attorney
SUBJECT: RICHARD TRADO v. CITY OF MIAMI BEACH
Claim No : 557-62-7569
D/A: 3-2-75
Claimant, Richard Trado , is a former City of Miami Beach Policeman
who was injured on March 2, 1975, when he was shot in the
performance of his duties as a Police Officer , suffering injury to
his right hand, wrist , and arm. He was subsequently given a
service-connected disability retirement . The City engaged Stephen
Marc Slepin, Esq. to represent it in this matter and over the past
few years there has been extensive litigation involving numerous
complex legal and factual issues . In 1978 the Judge of Industrial
Claims awarded the Claimant temporary total disability benefits
from August 19 , 1976 to November 7, 1977, permanent partial
disability of 37% of the arm, permanent partial disability of 5%
of the body as a result of a psychiatric disability, attorney' s
fees , and reserved jurisdiction on loss of wage earning capacity.
The City appealed that Order to the Industrial Relations
Commission which reversed the Judge of Industrial Claims and held
that no fee was due Trado' s counsel , and that the award of a 5%
psychiatric disability was error , (this claim was premature) but
gave Trado' s counsel $250.00 in appellate fees . The Industrial
Relations Commission did not rule on the issue of the Judge
reserving jurisdiction on loss of wage earning capacity. Claimant
appealed that IRC decision to the Florida Supreme Court where the
case is currently pending. The City has paid the 37% of the arm
rating to the Claimant .
Mr. Slepin has indicated that there is a strong possibility that
the Claimant will require extensive psychiatric treatment in the
future and that he may receive a substantial permanent disability
rating on the psychiatric disability, regardless of the outcome of
the case in the Supreme Court . Additionally, it is his opinion
that there will be continuing claims for benefits by Claimant
against the City which will result in continued litigation , exten-
sive compensation payments by the City and additional attorney' s
fees and costs that will be incurred.
As a result of the foregoing, Mr . Slepin entered into negotiations
with Claimant' s attorney and a tentative agreement was reached ,
subject to City Commission approval to settle this case as
follows :
1 . $12, 500.00 payable to the Claimant in a lump sum repre-
senting all workers' compensation, including temporary total ,
temporary partial , permanent partial and permanent total dis-
ability payments and medical payments, due him past , present and
future ; 56
AGENDA �I Lit
I TEM �/ "� (�
DATE Sk... _ V 0
2. Claimant' s attorney' s fee to be $3,125.00
3. $243.00 to reimburse Claimant for certain costs incurred
as a result of the litigation of this matter;
for a total of Fifteen Thousand Eight Hundred Sixty Eight
($15, 868.00) Dollars 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 Workers' Compensation Law.
It is the opinion of Stephen Marc Sleppin , attorney for the City
in this matter, that the compromising settlement of this claim is
in the best financial interest of the City with which the City
Attorney concurs and, therefore , this proposed settlement is
recommended for the favorable consideration of the City Commis-
sion.
Prepared by: / 4
Alan B. Gest
Assistant City Attorney
JAR/ABG/rr
57
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UKl(i1NAL
RESOLUTION NO. 80-16348
(Authorizing settlement of Worker's
Compensation Claim: Richard Trado v CMB)