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Resolution 78-15747 RESOLUTION NO. 78-15747 A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT STIPULATION IN CONNECTION WITH WORKMEN'S COMPENSATION CLAIM OF SIDNEY SUSSMAN AGAINST THE CITY OF MIAMI BEACH. WHEREAS, on December 5th, 1977 , one SIDNEY SUSSMAN, a former employee of the City of Miami Beach, suffered a severe injury to his back when a heavy metal transfile, which he was mov- ing, broke loose and hurled him against a metal grid fence, and WHEREAS , said former employee was examined by Dr. Leo Grossman and Dr. Robert Metz and treated by Dr. David Lehrman and it was determined that the claimant has a permanent partial disabil- ity of the body, 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 Statute 440. 20 (10) , as amended; such settlement calls for the payment by the City to the former employee of the sum of Two Thousand Six Hundred Sixty Dollars ($2 ,660) ; 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 Workmen' s Compensation Law and a reason- able attorney' s fee to be Six Hundred Sixty Five Dollars ($665) , and WHEREAS, the order of the Judge of Industrial Claims approving such settlement stipulation will not be subject to modi- fication or review, and WHEREAS, the City Commission deems it to be in the best' interests of the City to enter into a final settlement stipulation _, as here andabove set forth; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, that the City Attorney be and he is hereby authorized to enter into a 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 such stipulation PASSED and ADOPTED THIS l tfh day of October, 1978 . /. Mayor Attest: • City Clerk OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 • • TO: GAVIN O'BR.IEN . DATE : October 12 , 1978 City Manager FROM: JOSEPH A. WANICK City Attorney SUBJECT: SIDNEY SUSSMAN vs. CITY OF MIAMI BEACH Claim No. 262-11-1458 D/A: 12/5/77 Sidney Sussman was employed under a CETA grant as a Transitional Clerk for the General Services Department (Records Management) , provisional status, on July 27 , 1977. On August 14 , 1977 , the provisional appointment was terminated so that he could accept an appointment as a Transitional Laborer I in the same department, effective August 15, 1977. On March 9, 1978, he was transferred to the Public Utilities Department as a Transitional Laborer I. He was terminated by the City on June 30, 1978 , upon termination of the CETA Special Projects Grant under which he was employed. On December 5, 1977, while performing his duties, the Claimant suffered a severe injury to his back when a heavy metal transfile, which he was moving from the old City Hall broke loose and hurled him against a metal grid fence. The claimant was seen by Drs. Lehrman, Grossman and Metz. Drs. Lehrman, Grossman and Metz have determined that he has a permanent partial disability of the body. After considerable negotiations with the claimant' s attorneys, John Christie and Bernard Shapiro, a tentative agreement was reached, subject to City Commission approval, to settle this case as follows : 1. $2 , 660 payable to the Claimant in a lump sum representing all Workmen' s Compensation, including temporary total payments, temporary partial payments, permanent partial disability payments and medical payments due him past, present and future. 2. Claimant' s attorney' s fee to be $665; for a total of Three Thousand Three Hundred Twenty Five Dollars ($3 , 325. 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. Dr. Grossman, the City Physician, concurs and joins in this recommendation. JOSEPH A. WANICK City Attorney 1114 AO 6 4, BY: ALAN B. GEST Assistant City Attorney JAW:ABG:bb OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 ORIGINAL RESOLUTION NO, 78-15747 (Authorizing settlement of Workmen's Compensation Claim: Sidney Sussman v. CMB)