Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2008-10150
Claimant: Thomas Roe
Claimant's Attorney: John McGovern, Esquire
Attorney's Address: 221 Washington Avenue, Newark, New Jersey 07102
Settlement Amount: $36,875.00
Funding Source: Insurance Fund Commission
Additional Comments:
Invitation: Corporation Counsel, September 4, 2013
body
WHEREAS, the Petitioner, Thomas Roe, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2008-10150 against the City of Newark seeking workers' compensation benefits as a result of an accident that he suffered on January 30, 2008, while working for the Police Department; and
WHEREAS, said Thomas Roe, through his attorney, has 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 Thirty Two Thousand Six Hundred Forty Dollars ($32,640.00) Pursuant to the terms of the settlement order to be executed by the Judge of Compensation, the City of Newark will also pay an attorney's fee of Three Thousand Nine Hundred Fifteen Dollars ($3,915.00), a medical evaluation fee of Two Hundred Dollars ($200.00) and a transcription fee of One Hundred Twenty Dollars ($120.00); and
WHEREAS, the total value of this settlement with the above referred to fees amounts to Thirty Six Thousand Eight Hundred Seventy Five Dollars ($36,875.00); and
WHEREAS, based upon all the facts and circumstances surrounding the matter it is deemed in the best interest of the City of Newark to accept said settlement in the total amount of Thirty Six Thousand Eight Hundred Seventy Five Dollars ($36,875.00).
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Corporation Counsel is hereby authorized on behalf of the City of Newark to execute and accept the terms of the the settlement of the Workers' Compensation matter bearing C. P. No. 2008-10150.
2. Upon receipt by the Corporation Counsel of all supporting documents, the Director of Finance is hereby authorized to issue a check in the amount of Twenty Nine Thousand Eight Hundred Thirty Dollars ($29,830.00) made payable and mailed to: Thomas Roe, 135 Jerome Street, Apt. M, Roselle Park, New Jersey 07204, (It is understood that pursuant to the terms of the order to be entered by the Judge of the Division of Workers Compensation, Two Thousand Six Hundred Ten Dollars ($2,610.00) is being subtracted from the Petitioner's award to pay attorney's fees, and Two Hundred Dollars ($200.00) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.)
3. Upon receipt by the Corporation Counsel of all supporting documents, the Director of Finance is hereby authorized to issue a check in the amount of Six Thousand Seven Hundred Seventy Five Dollars ($6,775.00) made payable to John McGovern, 221 Washington Street, Newark, New Jersey 07102.
4. Upon receipt by the Corporation Counsel of all supporting documents, the Director of Finance is hereby authorized to issue a check in the amount of One Hundred Fifty Dollars ($150.00) made payable to Dr. Arthur Tiger, 600 Mt. Pleasant Avenue, Suite E, Dover, New Jersey 07801.
5. Upon receipt by the Corporation Counsel of all supporting documents the Director of Finance is hereby authorized to issue a check in the amount of One Hundred Twenty dollars ($120.00), made payable to William C. O'Brien Associates, Post Office Box 428, Kenilworth, New Jersey 07033.
6. 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 Fund 024, Agency 24T, Orgn 5T24, Object 96310.
7. A fully executed copy of the Order Approving Settlement shall be filed in the Office of the City Clerk by the Corporation Counsel.
STATEMENT
This resolution authorizes the Corporation Counsel and/or its designee, Chasen Leyner & Lamparello, 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 $36,875.00, brought by Thomas Roe who suffered injuries arising out of an accident that occurred on January 30, 2008, while working for the Police Department.