Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2015-14539
Claimant: Paul Scaife
Claimant's Attorney: Anthony Fattell, Esq., Lord, Kobrin Alvarez & Fattell
Attorney's Address: 1283 Route 22 East Mountainside, New Jersey 07092
Settlement Amount: $28,654.32
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Acting Corporation Counsel, November 13, 2017
Failed 7R6-a 111317
body
WHEREAS, the Petitioner, Paul Scaife, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2015-14539 against the City of Newark seeking workers’ compensation benefits as a result of being in a motor vehicle accident where he sustained injuries to his right leg and back on April 22, 2015, while employed as a Laborer for the Division of Parks and Grounds; and
WHEREAS, following settlement negotiations through Petitioner’s attorney, Anthony Fattell, Esq. from the law office of Lord, Kobrin Alvarez & Fattell and Acting Corporation Counsel and/or his designee, The Woolridge Law Firm LLC (“Outside Counsel”) have agreed to amicably resolve and settle this matter under Section 22 of the Workers Compensation Act (N.J.S.A. 34:15-20) by payment in the amount of Twenty-Five Thousand Two Hundred Thirty-Six Dollars and Zero Cents ($25,236.00). 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 Twenty-Eight Dollars and Thirty-Two Cents ($3,028.32), a medical evaluation fee of Three Hundred Dollars and Zero Cents ($300.00) for Dr. David Weiss, and a medical evaluation fee and a transcription fee of Ninety Dollars and Zero Cents ($90.00) for a total settlement of Twenty-Eight Thousand Six Hundred Fifty-Four Dollars and Thirty Two Cents ($28,654.32); 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, Acting 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 Twenty-Eight Thousand Six Hundred Fifty-Four Dollars and Thirty-Two Cents ($28,654.32).
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. 2015-14539 is hereby approved.
2. Upon receipt by the Acting 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) $22,917.12 (Twenty-Two Thousand Nine Hundred Seventeen Dollars and Twelve Cents) made payable and mailed to Paul Scaife, 218 South Street Apt. 3B, Newark, New Jersey 07114. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers’ Compensation, $2,018.88 (Two Thousand Eighteen Dollars and Eighty- Eight Cents) is being subtracted from the Petitioner’s award to pay attorney’s fees, and $300.00 (Three Hundred Dollars and Zero Cents) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.)
(b) $5,047.20 (Five Thousand Forty-Seven Dollars and Twenty Cents) made payable to Lord Kobrin Alavarez & Fattell, 1283 Route 22 East Mountainside, New Jersey 07092.
(c) $600.00 (Six Hundred Dollars and Zero Cents) made payable to David Weiss, M.D. 1460 Livingston Avenue #400, North Brunswick, New Jersey 08902
(d) $90.00 (Ninety Dollars and Zero Cents), made payable to William C. O’Brien Associates, 525 Boulevard, Kenilworth, New Jersey 07033.
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.
4. A fully executed copy of the Order Approving Settlement shall be filed in the Office of the City Clerk by the Acting Corporation Counsel.
STATEMENT
This resolution authorizes the Acting Corporation Counsel or his designee, The Woolridge Law Firm LLC, 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 $28,654.32 brought by Paul Scaife, 218 South Street Newark, New Jersey 07112, who suffered injuries arising out of an accident that occurred on April 22, 2015 while he was employed by the City of Newark, Division of Parks and Grounds.