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Resolution 78-15581 RESOLUTION NO. 78-15581 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNEC- TION WITH WORKMEN'S COMPENSATION CLAIM OF SOL POPPER AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on December 10, 1974, one SOL POPPER, a retired employee of the City of Miami Beach, while in the performance of his duties as an employee, fell backwards down a stairwell, injur- ing his left shoulder, back and head, and WHEREAS, said former retired employee was examined by Doctors B.L. Weiss, Michael Gilbert, Joel Dokson, Norman Reichenberg, Seherif Shafey, Leonard Silverman, Arnold Lieber, Ray Lopez and Irwin Lesser; it was determined, that the Claimant has a permanent disabil- ity restricting his activity and employment, and WHEREAS, the City Attorney has determined and recommended that it is in the best interests of the City to enter into a settle- ment under the provisions of Florida Statutes 440. 20 (10) as amended, such settlement calls for the payment of the City to the former re- tired employee of the sum of Thirty Thousand Dollars ($30, 000. ) ; this amount 'to the Claimant represents the final settlement of any and all past, present and future compensation and medical payments due him under the Workmen' s Compensation Law; and a reasonable attorney' s fee to be Nine Thousand Dollars ($9 , 000. ) , and WHEREAS, the Order of the Judge of Industrial Claims approv- ing such a settlement stipulation will not be subject to modification or review, and WHEREAS, the City Commission deems it to be in the best in- terests 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 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 15th day of March , 1978 . 0.•1 441 Mayor Attest: City Clerk 9 • OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 TO: Mayor, Members of the Commission and City Manager FROM: Joseph A. Wanick, City Attorney SUBJECT: Sol Popper v. City of Miami Beach Claim No. 058-24-0275 D/A: 9-11-74 and 12-10-74 . The City can settle this Workmen' s Compensation claim for $30 , 000 as a lump sum settlement plus attorney' s fee which will be an additional $9 , 000. If this case goes to trial, it is probable that a sum in excess of the agreed settlement will be awarded to • the Claimant based on a claimed permanent disability, loss of earning capacity and possible future medical care, possibly resulting in a greater financial exposure than the amount as stated above. This 47-year-old retired employee suffered injuries to his body and head when he slipped and fell in the course and scope of his employment with the City of Miami Beach. Mr. Popper was seen by Dr. E. L. Weiss, Dr. Michael Gilbert, Dr. Joel Dokson, Dr. Norman Reichenberg, Dr. Sharif Shefey, Dr. Leonard Silverman, Dr. Arnold Lieber, Dr. Ray Lopez , and Dr. Erwin Lesser. After considerable negotiations with Claimant' s attorney, Mr. Norman Ciment, a tentative agreement was reached subject to City Commis- sion approval to settle this case as follows : 1. $30, 000 payable to Claimant in a lump sum representing all Workmen' s Compensation including temporary total benefits and permanent partial disability payments and medical payments due him past , present and future; 2. Claimant' s attorney' s fee to be $9 ,000; for a total of ,$39 ,000 , 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 modifica- tion or review under Workmen's Compensation Law. I , therefore, recommend it to be in the best interests of the City to compromise and settle this claim on the basis outlined. rics-g taio, , (. JOSEPH A. WANICK, City At rney JAW/TJS:pc Prepared by: THEODORE J. SILVER Assistant City Attorney AGENDA R .„„ 9.0 ITEM_ DATE OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 ORIGINAL RESOLUTION NO. 78-15581 (Authorizing settlement of Workmen' s Com- pensation Claim of Sol Popper vs CMB)