Resolution 7180 RESOLUTION NO. 7180
WHEREAS, Arthur Margolis, a City Employee of the Police
Department of the City of Miami Beach, Florida, was injured in the
course of his employment on September 17, 1947, by a privately owned
automobile, and
WHEREAS, under the 'Iorkmen' s Compensation Law of the State
of Florida the said City Employee is entitled to elect to accept
compensation from the City of Miami Beach, his employer, who is a
self-insurer, or to pursue his remedy against the third party, and
WHEREAS, the said Arthur Margolis has elected to and
accepted compensaion from the City of Miami Beach since the date
of his injury which compensation and medical expenses have in the
past and will in the future approximate the sum of Two Thousand
Five Hundred Dollars to be expended by the City, and
WHEREAS, under the Workmen's Compensation Act the City of
Miami Beach, as an employer, is subrogated to the rights of the em-
ployee against third parties, and
WHEREAS, the City of Miami Beach may commence an action
in its own name and/or in the name of the injured employee and may
recover any amount which said employee is entitled to recover, and
WHEREAS, it appears that the third party responsible for
the injuries to the City Employee has adequate public liability in-
surance coverage, and
WHEREAS, it is necessary, in order to protect the interest
of the City of Miami Beach that a suit or settlement proceedings be
instituted for the recovery of the damages sustained by the City of
Miami Beach, and
1IIIEREAS, the City Employee has privately engaged Irving
Cypen, an Attorney-at-Law of the City of Miami Beach.to represent
the employee' s interest in any litigation or settlement proceedings
to be instituted,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Miami Beach that a suit or settlement proceedings be in-
stituted by the City of Miami Beach on its own behalf and on behalf
of the injured employee, Arthur Margolis, and that Irving Cypen,
an Attorney-at-Law, be authorized to represent the interests of the
injured City employee in said suit or settlement proceedings, upon
the provision that all attorney's fees to be paid to the said Irving
Cypen shall only come from that portion of the recovery, if any,
which belongs to the injured employee and in no event shall the
City of Miami Beach be responsible for the payment of any attorney' s
fee to the said Irving Cypen who shall look only to the injured em-
ployee for his fee.
BE IT FURTHER RESOLVED that said Irving Cypen, an Attorney-
at-Law of the City of Miami Beach, be employed also to represent the
interests of the City of Miami Beach in such suit or settlement pro-
ceedings and that the said Irving Cypen shall be entitled to such
attorney' s fees as shall be determined by the Florida Industrial
Commission and payable only out of the recovery, if any, which be-
longs to the injured City employee, and in no event shall the said
Irving Cypen be entitled to any Attorney' s fees out of the portion
of the recovery which the City of Miami Beach is entitled to by way
of reimbursement for the cost of all benefits furnished and all com-
pensation paid to the said injured employee under the Workmen's Com-
pensation Act.
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
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PASSED and ADOPTED this 1rd day of May, A. D.
1950.
IA
AYOR
Attest:
City Clerk
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
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