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Resolution 78-15596 RESOLUTION NO. 78-15596 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNEC- TION WITH WORKMEN'S COMPENSATION CLAIM OF SHELDON GOLDSTEIN AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on May 9 , 1976, one SHELDON L. GOLDSTEIN, a retired former employee of the City of Miami Beach, developed severe angina while responding to an emergency accident while in the performance of his duties, and WHEREAS, said former retired employee was examined by Dr. Leo Grossman and treated by Dr. Howard Turnoff and Dr. Joseph Harris; it was determined that the Claimant has a permanent disa- bility restricting him from doing any kind of active employment, and WHEREAS, the City Attorney has determined and rec- ommended that it is in the best interests of the City to enter into a settlement under the provisions of Florida Statutes 440. 20 (10) , as amended; Such settlement calls for the payment of the City to the former employee of the sum of Forty Thousand Dollars ($40, 000. ) ; this amount to the Claimant represents a final settlement of any and all past, present and future compen- sation and medical payments due him under the Workmen' s Compen- sation Law; and a reasonable attorney' s fee to be Twelve Thousand Dollars ($12 , 000. ) , and WHEREAS, the Order of the Judge of Industrial Claims approving such a 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 stipu- lation 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 5th day of April , 1978 . Major Attest: City Clerk OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 TO: DODD A. SOUTHERN DATE: March 30, 1978 City Manager FROM: JOSEPH A. WANICK City Attorney SUBJECT: SHELDON GOLDSTEIN vs. CITY OF MIAMI BEACH Claim No. : 117-20-5462 D/A: 5-09-76 Sheldon Goldstein was a Sergeant in the City of Miami Beach Police Department and was employed by the City for approximately 21 years. His records demonstrate high ratings for performance and efficiency and his services have been exemplary. He has always reflected an excellent public image for the City and its Police Department. He is now 48 years of age and has been retired by the Police and Fire Pension Board on a service connected ,disability on October 22, 1976. On May 9, 1976, while performing his duties, the claimant ran to the scene of an automobile accident at 72nd Street and Carlyle Ave. •His strenuous exertion caused him to suffer a severe heart attack (angina) and he was taken to Mt. Sinai Emergency Room and was seen by Drs. Joseph Harris, Howard Turnoff and Leo Grossman. Drs. Harris and Turnoff have determined that he has a permanent disability which would restrict him from doing any kind of active employment. After considerable negotiations with Mr. Goldstein' s attorney, Norman Ciment, Esquire, anda discussion with Dr. Leo Grossman, a tentative agreement was reached subject to City Com- mission approval to settle this case as follows: 1. $40, 000 payable to the Claimant in a lump sum representing all Workmen' s Compensation, including temporary total payments and perma- nent partial disability payments and medical payments due him past, present and future. 2 . Claimant' s attorney' s fee to be $12, 000; for a total of Fifty-two Thousand Dollars ($52, 000. 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 should 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. %S[ t h i JOSEP` A. WAN CK, City Attorney OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 ORIGINAL RESOLUTION NO, 78-15596 (Authorizing settlement of Workmen's Compensation Claim: Sheldon Goldstein vs, CMB)