Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2007-20563
Claimant: Daniel Morales
Claimant's Attorney: Law Office of Rose Marie Sardo, P.C.
Attorney's Address: 134 Wilson Avenue, Newark, New Jersey 07105
Settlement Amount: $31,716.60
Funding Source: Insurance Fund Trust
Additional Comments:
Invitation: Corporation Counsel, October 15, 2014
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WHEREAS, the Petitioner, Daniel Morales, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2007-20563 against the City of Newark seeking workers' compensation benefits as a result of injury he sustained in a motor vehicle accident on July 15, 2006, while working as a Police Officer for the Newark Police Department; and
WHEREAS, following settlement negotiations through Petitioner's attorney, Law Office of Rose Marie Sardo, P.C., 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 Seven Thousand Four Hundred Twenty-Six Dollars and Sixty Cents ($27, 426.60). 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 Three Thousand Eight Hundred Dollars ($3,800.00), a medical evaluation fee of Four Hundred Dollars ($400.00) and a transcription fee of Ninety Dollars ($90.00) for a total settlement of Thirty-One Thousand Seven Hundred Sixteen Dollars and Sixty Cents ($31,716.60); 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, the prior Corporation Counsel and/or Outside Counsel based upon all of the facts and circumstances surrounding this matter, deemed it is in the best interest of the City of Newark to accept said settlement in the total amount of Thirty-One Thousand Seven Hundred Sixteen Dollars and Sixty Cents ($31,716.60); and
WHEREAS, the prior Corporation Counsel did not have the opportunity to present this matter to the Municipal Council for approval prior to her departure from the position.
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. 2007-20563 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) $25,341.60 (Twenty-Five Thousand Three Hundred Forty-One Dollars and Sixty Cents) made payable and mailed to Daniel Morales, 464 Mount Prospect Avenue, Newark, New Jersey 07104. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers' Compensation, $1,685.00 (One Thousand Six Hundred Eighty- Five Dollars and Zero Cents) is being subtracted from the Petitioner's award to pay attorney's fees, and $400.00 (Four Hundred Dollars and Zero Cents) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.)
(b) $5,485.00 (Five Thousand Four Hundred Eighty-Five Dollars and Zero Cents) made payable to the Law Office of Rose Marie Sardo, P.C., 134 Wilson Avenue, Newark, New Jersey 07105.
(c) $400.00 (Four Hundred Dollars and Zero Cents) made payable to Vijaykulmar Kulkarni, M.D., Sall/Myers Medical Associates, Post Office Box 2947, Paterson, New Jersey 07509.
(d) $400.00 (Four Hundred Dollars and Zero Cents) made payable to Cheryl Wong, M.D., Sall/Myers Medical Associates, Post Office Box 2947, Paterson, New Jersey 07509.
(a) $90.00 (Ninety 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 Corporation Counsel or her designee, Chasan Leyner & Lamparello, 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 $31,716.60 brought by Daniel Morales, 464 Mount Prospect Avenue, Newark, New Jersey 07104, represented by the Law Office of Rose Marie Sardo, P.C., who sustained injuries arising out of a Motor Vehicle accident that occurred on July 15, 2006, while he was employed as a Police Officer by the Newark Police Department.