Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2013-1173
Claimant: Carlos Rivera
Claimant's Attorney: Richard A. Greifinger, Esq.
Attorney's Address: 17 Academy Street, Newark, New Jersey 07102
Settlement Amount: $27,329.00
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Corporation Counsel, December 15, 2015
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WHEREAS, the Petitioner, Carlos Rivera, instituted suit in the Division of Workers Compensation of New Jersey, Middlesex County, bearing C.P. Number 2013-1173 against the City of Newark seeking workers’ compensation benefits as a result of an accident that he sustained on November 14, 2012, while working for the Newark Fire Department; and
WHEREAS, following settlement negotiations through Petitioner’s attorney, Richard A. Greifinger, Esq., Corporation Counsel and/or his designee, Martin Glazer, 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 Nine Hundred Sixty Four Dollars and Zero Cents ($23,964.00). 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 Seventy-Five Dollars and Zero Cents ($2,875.00), a medical evaluation fee of Four Hundred Dollars and Zero Cents ($400.00) and a transcription fee of Ninety Dollars and Zero Cents ($90.00) for a total settlement of Twenty-Seven Thousand Three Hundred Twenty-Nine Dollars and Zero Cents ---($27,329.00); 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 interest of the City of Newark to accept said settlement in the total amount of Twenty Seven Thousand Three Hundred Twenty Nine Dollars --- ($27,329.00).
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. 2013-1173 is hereby approved.
2. Upon receipt by the 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) $21,647.00 (Twenty-One Thousand Six Hundred Forty-Seven Dollars and Zero Cents) made payable and mailed to Carlos Rivera, 72 Creamer Drive, Sayreville, New Jersey 08872. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers’ Compensation, $1,917.00 (One Thousand Nine Hundred Seventeen Dollars) is being subtracted from the Petitioner’s award to pay attorney’s fees, and $400.00 (Four Hundred Dollars) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.)
(b) $4,942.00 (Four Thousand Nine Hundred Forty-Two Dollars and Zero Cents) made payable to Richard A. Greifinger, Esq., 17 Academy Street, Newark, New Jersey 07102.
(c) $650.00 (Six Hundred Fifty Dollars and Zero Cents) made payable to Sall/Myers Medical Associates, P.O. Box 2947, Paterson, New Jersey 07509.
(d) $90.00 (Ninety Dollars and Zero Cents), made payable to John F. Trainor, 4573 South Broad Street, Suite 110, Hamilton, New Jersey 08620.
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 Corporation Counsel or his designee, Martin Glazer, 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 Twenty-Seven Thousand Three Hundred Twenty- Nine Dollars ($27,329.00) brought by Carlos Rivera, 72 Creamer Drive, Sayreville, New Jersey 08872 and represented by Richard A. Greifinger, Esq., who suffered injuries arising out of an accident that occurred on November 14, 2012 while he was employed by the Newark Fire Department.