Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2013-14742
Claimant: Evandro Saramago
Claimant's Attorney: Ricci Fava & Bagley, LLC
Attorney's Address: 482 Notch Road, Woodland Park, New Jersey 07424
Settlement Amount: $36,389.00
Funding Source: Insurance Fund Trust
Additional Comments:
Invitation: Corporation Counsel, September 7, 2016
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WHEREAS, the Petitioner, Evandro Saramago, instituted suit in the Division of Workers' Compensation of New Jersey, Union County, bearing C.P. Number 2013-14742 against the City of Newark seeking workers' compensation benefits as a result of injuries he sustained on September 7, 2012 while working as a Police Officer for the City of Newark; and
WHEREAS, following settlement negotiations through Petitioner's attorney, Ricci, Fava & Bagley, LLC, Corporation Counsel and/or the designee, Martin M. Glazer, Esq. (“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 Thirty-Two Thousand Two Hundred Twenty-Six Dollars and Zero Cents ($32,226.00). 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 Three Thousand Eight Hundred Seventy-Three Dollars and Zero Cents ($3,873.00), a medical evaluation fee of Two Hundred Dollars and Zero Cents ($200.00) and a transcription fee of Ninety Dollars and Zero Cents ($90.00) for a total settlement of Thirty-Six Thousand Three Hundred Eighty-Nine Dollars and Zero Cents ($36,389.00); 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 the 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 Thirty-Six Thousand Three Hundred Eighty-Nine Dollars ($36,389.00).
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. Number 2013-14742 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) $29,444.00 (Twenty-Nine Thousand Four Hundred Forty-Four Dollars and Zero Cents) made payable and mailed to Evandro Saramago, 112 Berwyn Street, Roselle Park, New Jersey 07204. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers' Compensation, $2,582.00 (Two Thousand Five Hundred Eighty-Two Dollars and Zero Cents) is being subtracted from the Petitioner's award to pay attorney fees and $200.00 (Two Hundred Dollars and Zero Cents) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.
(b) $6,455.00 (Six Thousand Four Hundred Fifty-Five Dollars and Zero Cents) made payable to Ricci Fava & Bagley, LLC, 482 Notch Road, Woodland Park, New Jersey 07424.
(c) $400.00 (Four Hundred 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 State Shorthand Reporting Services,212 Monmouth Road, Oakhurst, New Jersey 07755.
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 Business Unit NW024, Dept. ID 24T, Div. / Proj. 5T24, Account Code 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.
STATEMENT
This resolution authorizes the Corporation Counsel and/or his designee, Martin M. Glazer, Esq., 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 Thirty-Six Thousand Three Hundred Eighty-Nine Dollars and Zero Cents ($36,389.00) brought by Evandro Saramago, 112 Berwyn Street, Roselle Park, New Jersey 07204 and represented by Ricci, Fava & Bagley, LLC who suffered injuries arising out of injuries he sustained on September 7, 2012 while he was employed by the City of Newark.