Resolution 7032 RESOLUTION NO. 7032
WHEREAS, Hiram Folsom, a City Employee of the Engineering
Department of the City of Miami Beach, was injured in the course of
his employment on April 23 , 1949, by a privately owned delivery truck,
and
WHEREAS under the Workmen' s Compensation Law of the State of
Florida the said City Employee is entitled to elect to accept compensa-
tion 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 Hiram Folsom has elected to and accepted
compensation 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 Five Thousand Dollars to be expended
by the City, and
lHEREAS, under the Workmen' s Compensation Act the City of
Miami Beach, as an employer, is subrogated to the rights of the employee
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 insurance
1 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 insti-
tuted for the recovery of the damages sustained by the City of Miami
Beach, and
WHEREAS, the City Employee has privately engaged Milton Kelner,
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 instituted by
the City of Miami Beach on its own behalf and on behalf of the injured
employee, Hiram Folsom, and that Milton Kelner, an Attorney-at-Law, be
authorized to representhe interests of the injured City employee in
said suit or settlement proceedings, upon the provision that all attorneys
fees to be paid to the said Milton Kelner 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 Milton Kelner who shall look only to the injured
employee for his fee.
BE IT FURTHER RESOLVED that Irving Cypen, an Attorney-at-Law,
of the City of Miami Beach, be employed to represent the interests of the
City of Miami Beach in such suit or settlement proceedings and that the
said Irving Cypen shall be entitled to such an attorney' s fee as shall be
determined by the Industrial Commission and payable only out of the re-
covery, if any, which belongs to the injured City Employee, and in no event
shall the said Irving Cypen be entitled to any Attorney' s fee 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 Compensa-
tion Act.
PASSED and ADOPTED this 12th da. mf Octob gA * . D 949.
i
11, Mayor
Attest:
City Clerk
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
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