Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2012-14569
Claimant: Luis Rivera
Claimant's Attorney: Thomas J. Koehl, Esq.
Attorney's Address: 203 Front Street, Secaucus, New Jersey 07094
Settlement Amount: $42,932.00
Funding Source: Insurance Fund Trust
Additional Comments:
Invitation: Corporation Counsel, December 6, 2016
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WHEREAS, the Petitioner, Luis Rivera, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2012-14569 against the City of Newark seeking workers’ compensation benefits as a result of an accident that he sustained on May 16, 2012 while working for the City of Newark Department of Public Safety, Police Division; and
WHEREAS, following settlement negotiations through Petitioner’s attorney, Thomas J. Koehl, Esquire, Corporation Counsel and/or his 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 Thirty Eight Thousand Eighty Two Dollars and Zero Cents ($38,082.00). 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 Four Thousand Five Hundred Sixty Dollars and Zero Cents ($4,560.00), 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 Forty Two Thousand-- Nine Hundred Thirty Two Dollars and Zero Cents ($42,932.00); 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 Forty Two Thousand Nine Hundred Thirty Two Dollars and Zero Cents ($42,932.00).
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. 2012-14569 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) $34,842.00 (Thirty Four Thousand Eight Hundred Forty Two Dollars and Zero Cents) made payable and mailed to Luis Rivera, 738 8th Street Newark, New Jersey 07107, (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers’ Compensation, $3,040.00 (Three Thousand Forty Dollars and Zero Cents) is being subtracted from the Petitioner’s award to pay attorney’s 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) $7,600.00 (Seven Thousand Six Hundred Dollars and Zero Cents) made payable to Thomas J. Koehl, Esq., 203 Front Street Secaucus, New Jersey 07094
(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 P.O. Box 227 Allenhurst, New Jersey 07711.
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 Corporation Counsel and/or his 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 Forty Two Thousand Nine Hundred Thirty Two Dollars and Zero Cents ($42,932.00) brought by Luis Rivera, 738 South 8th Street Newark, New Jersey 07107 and represented by Thomas J. Koehl, Esquire, who suffered injuries arising out of an accident that occurred on May 16, 2012, while he was employed as a Police Officer for the City of Newark Department of Public Safety, Police Division.