Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2002-7831
Claimant: Marilouise Bailey
Claimant's Attorney: Jonathan H. Rosenbluth, Esquire
Attorney's Address: 76 South Orange Avenue, Suite 105, South Orange, New Jersey 07079
Settlement Amount: $22,954.00
Funding Source: Insurance Fund Commission
Additional Comments:
Invitation: Corporation Counsel , August 6, 2013
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WHEREAS, the Petitioner, Marilouise Bailey, instituted suit in the Division of Workers' Compensation of New Jersey, Essex County, bearing C.P. No. 2002-7831 against the City of Newark seeking workers' compensation benefits as a result of an accident that she sustained on December 27, 2001 while working for the Newark Police Department; and
WHEREAS, following settlement negotiations through Petitioner's attorney, Jonathan H. Rosenbluth, Esquire, Corporation Counsel and/or its designee, Chasan, Leyner & Lamparello, P.C., 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 Twenty Thousand Two Hundred Eighty Dollars ($20,280.00). 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's fee of Two Thousand Four Hundred Thirty-Four Dollars ($2,434.00), a medical evaluation fee of One Hundred Fifty Dollars ($150.00) 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 Twenty-Two Thousand Nine Hundred Fifty-Four Dollars ($22,954.00); and
WHEREAS, based upon all of the facts and circumstances surrounding this matter, Corporation Counsel and/or its designee, Chasan, Leyner & Lamparello, P.C., deem it is in the best interest of the City of Newark to accept said Settlement in the total amount of Twenty-Two Thousand Nine Hundred Fifty-Four Dollars ($22,954.00).
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. 2002-7831 is hereby approved.
2. Upon receipt by the Corporation Counsel and/or its designee, Chasan, Leyner & Lamparello, P.C., of all supporting documents, the Director of Finance is hereby authorized and directed to issue checks in the amounts as follows:
- $18,492.43 (Eighteen Thousand Four Hundred Ninety-Two Dollars and Forty-Three Cents) made payable and mailed to: Marilouise Bailey, 720 Dorbett Place, Plainfield, New Jersey 07062. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers Compensation, $1,637.57 (One Thousand Six Hundred Thirty-Seven Dollars and Fifty-Seven Cents) is being subtracted from the Petitioner's award to pay attorney's fees, and $150.00 (One Hundred Fifty Dollars) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.)
- $4,071.57 (Four Thousand Seventy-One Dollars and Fifty-Seven Cents) made payable to Jonathan H. Rosenbluth, Esquire, 76 South Orange Avenue, Suite 105, South Orange, New Jersey 07079.
- $300.00 (Three Hundred Dollars) made payable to Dr. I. Ahmad, 45 Academy Street, Suite 203, Newark, New Jersey 07102.
- $90.00 (Ninety Dollars), made payable to William C. O'Brien, Inc., Post Office Box 428, Kenilworth, New Jersey 07033.
3. Attached hereto are the Certifications of Funds from the Comptroller of the City of Newark which state that there are available sufficient legally appropriated funds for the purpose set forth hereinabove and under the line appropriation of the official budget to be charged: 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 and/or its designee, Chasan Leyner & Lamparello, P.C., on behalf of the City of Newark, to effectuate a Settlement by entering into an Order Approving Settlement of a Workers' Compensation claim in the amount of Twenty-Two Thousand Nine Hundred Fifty-Four Dollars ($22,954.00) brought by Marilouise Bailey, 720 Dorbett Place, Plainfield, New Jersey 07062, represented by Jonathan H. Rosenbluth, Esquire, who suffered injuries arising out of an accident that occurred on December 27, 2001 while working for the Newark Police Department.