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)