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)