Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2009-18613
Claimant: Pandora Thompson
Claimant's Attorney: Peter D. Russo, Esquire
Attorney's Address: 395 Franklin Street, Bloomfield, New Jersey 07003
Settlement Amount: $27,774.00
Funding Source: Insurance Fund Trust Account
Additional Comments:
Invitation: Corporation Counsel, June 4, 2014
body
WHEREAS, the Petitioner, Pandora Thompson, instituted suit in the Division of Workers' Compensation of New Jersey, Essex County, bearing C.P. Number 2009-18613 against the City of Newark seeking workers' compensation benefits as a result of a slip and fall accident that she sustained on March 10, 2009, while working for the Department of Child & Family Well-Being; and
WHEREAS, following settlement negotiations through Petitioner's attorney, Peter D. Russo, Esquire, Corporation Counsel and/or her 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-Four Thousand Three Hundred Sixty Dollars ($24,360.00). 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 Two Thousand Nine Hundred Twenty-Four Dollars ($2,924.00), a medical evaluation fee of Four Hundred Dollars ($400.00) and a transcription fee of Ninety Dollars ($90.00) for a total settlement of Twenty-Seven Thousand Seven Hundred Seventy-Four Dollars ($27,774.00); 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 interests of the City of Newark to accept said settlement in the total amount of Twenty-Seven Thousand Seven Hundred Seventy-Four Dollars ($27,774.00).
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. 2009-18613 is hereby approved.
2. Upon receipt by the Corporation Counsel and/or Outside Counsel of all supporting documents, the Acting Director of Finance is hereby authorized and directed to issue checks in the amounts as follows:
(a) $22,012.00 (Twenty-Two Thousand Twelve Dollars and Zero Cents) made payable and mailed to: Pandora Thompson, 27 Leon Place, Newark, New Jersey 07108. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers' Compensation, $1,948.00 (One Thousand Nine Hundred Forty-Eight Dollars and Zero Cents) is being subtracted from the Petitioner's award to pay attorney's fees, and $400.00 (Four Hundred Dollars and Zero Cents) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.)
(b) $4,872.00 (Four Thousand Eight Hundred Seventy-Two Dollars and Zero Cents) made payable to Peter D. Russo, Esquire, 395 Franklin Street, Bloomfield, New Jersey 07003.
(c) $800.00 (Eight Hundred Dollars and Zero Cents) made payable to Sall/Myers Medical Associates, Post Office Box 2947, Paterson, New Jersey 07509.
(d) $90.00 (Ninety Dollars and Zero Cents), made payable to William C. O'Brien, Inc., Post Office Box 428, 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 Fund 024, Agency 24T, Orgn 5T24, Object 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. Minor changes to the amount of the settlement and distribution shall not require subsequent Municipal Council approval provided that 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.
5. 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 Corporation Counsel or her 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 $27,774.00 brought by Pandora Thompson, 27 Leon Place, Newark, New Jersey 07108, represented by Peter D. Russo, Esquire, who suffered injuries arising out of a slip and fall accident that occurred on March 10, 2009 while she was employed by the Department of Child & Family Well-Being