Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2007-17412
Claimant: Stephen Megna
Claimant's Attorney: David Tykulsker & Associates
Attorney's Address: 161 Walnut Street, Montclair, New Jersey 07042
Settlement Amount: $65,090.00
Funding Source: Insurance Fund Commission
Additional Comments:
Invitation: Corporation Counsel, September 4, 2013
body
WHEREAS, the Petitioner, Stephen Megna, instituted suit in the Division of Workers' Compensation of New Jersey, Union County, bearing C.P. Number 2007-17412 against the City of Newark seeking workers' compensation benefits as a result of an occupational exposure claim stemming from his work at Ground Zero following the September 11, 2001 tragedy, and while working for the Newark Police Department; and
WHEREAS, following settlement negotiations through Petitioner's attorney, David Tykulsker & Associates, Corporation Counsel and/or its designee, Chasan Leyner & Lamparello, P.C., has agreed to amicably resolve and settle this matter under Section 20 of the Workers Compensation Act (N.J.S.A. 34:15-20) by payment in the amount of Sixty Five Thousand Dollars ($65,000.00). 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 a transcription fee of Ninety dollars ($90.00); and
WHEREAS, the total value of this settlement with the above referred to fees amounts to Sixty Five Thousand Ninety Dollars ($65,090.00); 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 that it is in the best interest of the City of Newark to accept said settlement in the total amount of Sixty Five Thousand Ninety Dollars ($65,090.00).
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. 2007-17412 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:
- $51,318.50 (Fifty One Thousand Three Hundred Eighteen Dollars and Fifty Cents) made payable and mailed to: Stephen Megna, 978 Park Terrace, Union, New Jersey 07083. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers' Compensation, $13,531.50 (Thirteen Thousand Five Hundred Thirty One Dollars and Fifty 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.)
- $13,531.50 (Thirteen Thousand Five Hundred Thirty One Dollars and Fifty Cents) made payable to David Tykulsker & Associates, 161 Walnut Street, Montclair, New Jersey 07042.
- $150.00 (One Hundred Fifty Dollars) made payable to Dr. Angela Adams, 117 Kinderkamack Road, Suite 102, River Edge, New Jersey 07661
- $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 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 and/or its 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 Sixty Five Thousand Ninety Dollars ($65,090.00) brought by Stephen Megna, 978 Park Terrace, Union, New Jersey 07083, and represented by David Tykulsker & Associates, who suffered injuries arising out of an occupational exposure claim stemming from his work at Ground Zero following the September 11, 2001 tragedy while working for the Newark Police Department.