Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2006-32339
Claimant: Rajhan J. Gordon
Claimant's Attorney: Triarsi, Betancourt & Wukovits, LLC
Attorney's Address: 186 Norton Avenue, East Cranford, New Jersey 07016
Settlement Amount: $46,362.80
Funding Source: Insurance Fund Commission
Additional Comments:
Invitation: Corporation Counsel, September 17, 2013
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WHEREAS, the Petitioner, Rajhan J. Gordon, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2006-32339 against the City of Newark seeking workers' compensation benefits as a result of an accident that he sustained on September 21, 2006, while working for the Newark Police Department; and
WHEREAS, following settlement negotiations through Petitioner's attorney, Triarsi, Betancourt & Wukovits, LLC, Corporation Counsel and/or its designee, Chasan Leyner & Lamparello, P.C., has 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 Forty Thousand Five Hundred Seventy-Two Dollars ($40,572.00). 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 Five Thousand Three Hundred Dollars ($5,300.00) , a medical evaluation fee of Four Hundred ($400.00) and a transcription fee of Ninety Dollars ($90.00); and
WHEREAS, the total value of this settlement with the above referred to fees amounts to Forty-Six Thousand Three Hundred Sixty-Two Dollars and Eighty Cents ($46,362.80); 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 it is in the best interest of the City of Newark to accept said settlement in the total amount of Forty-Six Thousand Three Hundred Sixty-Two Dollars and Eighty Cents ($46,362.80).
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. 2006-32339 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:
(a) $37,138.00 (Thirty-Seven Thousand One Hundred Thirty-Eight Dollars) made payable and mailed to: Rajhan J. Gordon, 74 Wickliff Street, Newark, New Jersey 07103. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers' Compensation, $2,814.00 (Two Thousand Eight Hundred Fourteen Dollars) is being subtracted from the Petitioner's award to pay attorney's fees, $220.00 (Two Hundred Twenty Dollars) is being subtracted for attorney costs, and $400.00 (Four Hundred Dollars) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.)
(b) $8,114.00 (Eight Thousand One Hundred Fourteen Dollars) made payable to Triarsi, Betancourt & Wukovits, LLC, 186 Norton Ave. East Cranford, New Jersey 07016.
(c) $220.80 (Two Hundred Twenty Dollars and Eighty Cents) made payable to Triarsi, Betancourt & Wukovits, LLC, 186 Norton Ave. East Cranford, New Jersey 07016.
(d) $400.00 (Four Hundred Dollars) made payable to Dr. Vijaykulmar Kulkarni, M.D., c/o Sall/Myers Medical Associates, PO Box 2947, Paterson, New Jersey 07509-3947.
(e) $400.00 (Four Hundred Dollars) made payable to Dr. Cheryl Wong, M.D., c/o Sall/Myers Medical Associates, PO Box 2947, Paterson, New Jersey 07509-3947.
(f) $90.00 (Ninety Dollars), made payable to William C. O'Brien, Inc., Post Office Box 428, Kenilworth, New Jersey 07033.
3. Attached hereto is the certification of the Comptroller of the City of Newark which states that there are available sufficient legally appropriated funds for the purpose set forth hereinabove and which states 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 certification 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 and/or its designee, Chasan Leyner & Lamparello, P.C., on behalf of the City of Newark, to effectuate a settlement by entering into an Order Approving Settlement of a Workers' Compensation claim in the amount of Forty-Six Thousand Three Hundred Sixty-Two Dollars and Eighty Cents ($46,362.80) brought by Rajhan J. Gordon, 74 Wickliff Street, Newark, New Jersey 07103 and represented by Triarsi, Betancourt & Wukovits, LLC, who suffered injuries arising out of an accident that occurred on September 21, 2006 while working for the Newark Police Department.