Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2012-21080
Claimant: Jeffrey Walker
Claimant's Attorney: Forman & Cardonsky
Attorney's Address: 701 Westfield Avenue, Elizabeth, New Jersey 07208
Settlement Amount: $26,755.00
Funding Source: Insurance Fund Trust
Additional Comments:
Invitation: Corporation Counsel, February 18, 2015
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WHEREAS, the Petitioner, Jeffrey Walker, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2012-21080 against the City of Newark seeking workers' compensation benefits as a result of an accident that he sustained on August 26, 2010, while working for the Newark Sanitation Department; and
WHEREAS, following settlement negotiations through Petitioner's attorney, Forman & Cardonsky, 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-Three Thousand Four Hundred Forty-Two Dollars and Zero Cents ($23,442.00). 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 Eight Hundred Thirteen Dollars and Zero Cents ($2,813.00), a medical evaluation fee of Two Hundred Dollars and Zero Cents ($200.00) and a transcription fee of Three Hundred Dollars and Zero Cents ($300.00) for a total settlement of Twenty-Six Thousand Seven Hundred Fifty-Five Dollars and Zero Cents($26,755.00); 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, the 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-Six Thousand Seven Hundred Fifty-Five Dollars and Zero Cents ($26,755.00).
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. 2012-21080 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) $21,367.00 (Twenty-One Thousand Three Hundred Sixty-Seven Dollars and Zero Cents) made payable and mailed to Jeffrey Walker, 256 Goldsmith Avenue, Newark, New Jersey 07112. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers' Compensation, $1,875.00 (One Thousand Eight Hundred Seventy-Five Dollars and Zero Cents) is being subtracted from the Petitioner's award to pay attorney's fees, and $200.00 (Two Hundred Dollars and Zero Cents) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.)
(b) $4,688.00 (Four Thousand Six Hundred Eighty-Eight Dollars and Zero Cents) made payable to Forman & Cardonsky, 701 Westfield Avenue, Elizabeth, New Jersey 07208.
(c) $400.00 (Four Hundred Dollars and Zero Cents) made payable to Morris Horowitz, MD, 175 Cedar Lane, Teaneck, New Jersey 07666.
(d) $300.00 (Three Hundred 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. 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 or her designee, Chasan Leyner & Lamparello, PC, 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 $26,755.00 brought by Jeffrey Walker, 256 Goldsmith Avenue, Newark, New Jersey 07112 and represented by Forman & Cardonsky, who suffered injuries arising out of an accident that occurred on August 26, 2010 while employed by the Newark Sanitation Department.