Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2010-28596
Claimant: Luis Oliveira
Claimant's Attorney: Sean Dillon, Esquire
Attorney's Address: 70 Hilltop Road, Suite 102, Ramsey, New Jersey 07446
Settlement Amount: $35,620.00
Funding Source: Insurance Fund Commission
Additional Comments:
Invitation: Corporation Counsel, September 4, 2013
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WHEREAS, the Petitioner, Luis Oliveira, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2010-28596 against the City of Newark seeking workers' compensation benefits as a result of an accident that he suffered on June 1, 2012 while working for the Newark Police Department; and
WHEREAS, said Luis Oliveira, 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 One Thousand Five Hundred Forty Five Dollars ($31,545.00). 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 Seven Hundred Eighty Five Dollars ($3,785.00), a medical evaluation fee of Two Hundred Dollars ($200.00) and a transcription fee of Ninety Dollars ($90.00); and
WHEREAS, the total value of this settlement with the above referred to fees amounts to Thirty Five Thousand Six Hundred Twenty Dollars ($35,620.00); 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 Five Thousand Six Hundred Twenty Dollars ($35,620.00).
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. 2010-28596 is hereby approved.
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 Eight Thousand Eight Hundred Twenty One Dollars ($28,821.00) made payable and mailed to Luis Oliveira, 34-36 Manufacturers Place, Newark, New Jersey 07105. (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 Five Hundred Twenty Four Dollars ($2,524.00) 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 Three Hundred Nine Dollars ($6,309.00) made payable to Sean Dillon, Esq., 70 Hilltop Road, Suite 102, Ramsey, New Jersey 07446.
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 Four Hundred Dollars ($400.00) made payable to Sall/Myers Medical Associates, P.O. Box 2947, Paterson, New Jersey 07509.
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 Ninety dollars ($90.00), made payable to William C. O'Brien, 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 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 $35,620.00 brought by Luis Oliveira who suffered injuries arising out of an accident that occurred on June 1, 2010 while working for the Newark Police Department.