Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2008-30746
Claimant: Brandi McTighe
Claimant's Attorney: Pitman, Mindas, Grossman, Lee & Moore
Attorney's Address: 150 Morris Avenue, Springfield, New Jersey 07081
Settlement Amount: $34,056.00
Funding Source: Insurance Fund Trust
Additional Comments:
Invitation: Corporation Counsel, September 7, 2016
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WHEREAS, the Petitioner, Brandi McTighe, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2008-30746 against the City of Newark seeking workers’ compensation benefits as a result of a motor vehicle accident that she sustained on March 21, 2008, while working as a police officer for the Newark Police Department; and
WHEREAS, following settlement negotiations through Petitioner’s attorney, Pitman, Mindas, Grossman, Lee & Moore, Corporation Counsel and/or his designee, Chasan Leyner & Lamparello, P.C. (“Outside Counsel”) have agreed to amicably resolve and settle this matter under Section 22 of the Workers Compensation Act (N.J.S.A. 34:15-22) by payment in the amount of Twenty Nine Thousand Five Hundred Twenty Three Dollars and Zero Cents ($29,523.00). Pursuant to the terms of the Settlement Order, to be executed by the Judge of the Division of Workers’ Compensation, the City of Newark will also pay an attorney fee of Three Thousand Five Hundred Forty Three Dollars and Zero Cents ($3,543.00), a medical evaluation fee of Nine Hundred Dollars and Zero Cents ($900.00) and a transcription fee of Ninety Dollars and Zero Cents ($90.00) for a total settlement of Thirty Four Thousand Fifty Six Dollars and Zero Cents ($34,056.00); and
WHEREAS, this settlement is subject to approval by the Judge of the Division of Workers’ Compensation; and
WHEREAS, the total settlement amount may be subject to minor changes in amount or distribution at the time the Settlement Agreement is approved and the Settlement Order executed by the Judge of the Division of Workers’ Compensation; and
WHEREAS, the Municipal Council believes it is in the best interests of the City of Newark, that minor changes to the amount of the settlement and distribution shall not require subsequent Municipal Council approval provided the settlement amount is not increased or decreased above $500.00 and all the terms and conditions are substantially the same as authorized by the resolution; and
WHEREAS, based upon all of the facts and circumstances surrounding this matter, Corporation Counsel and/or Outside Counsel deem it is in the best interest of the City of Newark to accept said settlement in the total amount of Thirty Four Thousand Fifty Six Dollars and Zero Cents ($34,056.00).
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The settlement of the Workers’ Compensation matter bearing C. P. No. 2008-30746 is hereby approved.
2. Upon receipt by the Corporation Counsel and/or Outside Counsel of all supporting documents, the Director of Finance is hereby authorized and directed to issue checks in the amounts as follows:
(a) $26,262.00 (Twenty-Six Thousand Two Hundred Sixty-Two Dollars and Zero Cents) made payable and mailed to Brandi McTighe, 34 Clembil Court, Hopelawn, New Jersey 08861. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers’ Compensation, $2,361.00 (Two Thousand Three Hundred Sixty One Dollars and Zero Cents) is being subtracted from the Petitioner’s award to pay attorney’s fees, and $900.00 (Nine Hundred Dollars and Zero Cents) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.)
(b) $5,904.00 (Five Thousand Nine Hundred Four Dollars and Zero Cents) made payable to Pitman, Mindas, Grossman, Lee & Moore, 150 Morris Avenue, Springfield, New Jersey 07081.
(c) $1,200.00 (One Thousand Two Hundred Dollars and Zero Cents) made payable to Sall/Myers Medical Associates, P.O. Box 2947, Paterson, New Jersey 07509.
(d) $600.00 (Six Hundred Dollars and Zero Cents) made payable to Dr. David Weiss, 201 Woolston Drive, Morrisville, Pennsylvania 19067.
(e) $90.00 (Ninety Dollars and Zero Cents), made payable to State Shorthand Reporting, P.O. Box 227, Allenhurst, New Jersey 07711.
3. Attached hereto are the Certifications of the Comptroller of the City of Newark which state that there are available sufficient legally appropriated funds for the purpose set forth hereinabove and which state that the line appropriation of the official budget which shall be charged is Business Unit NW024, Dept. ID 24T, Div / Proj. 5T24, Account Code 96310. A copy of the Comptroller’s Certifications shall be filed by the Corporation Counsel in the Office of the City Clerk along with a copy of this Resolution.
STATEMENT
This resolution authorizes Corporation Counsel and/or his designee, Chasan Leyner & Lamparello, P.C., on behalf of the City of Newark, to effectuate settlement by entering into an Order Approving Settlement of a Workers’ Compensation claim in the amount of Thirty-Four Thousand Fifty Six Dollars and Zero Cents ($34,056.00) brought by Brandi McTighe of 34 Clembil Court, Hopelawn, New Jersey 08861 and represented by Pitman, Mindas, Grossman, Lee & Moore, who suffered injuries arising out of an accident that occurred on March 21, 2008 while she was employed by the Newark Police Department.