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)