Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2002-18131 & 2003-17490
Claimant: Joseph Farina
Claimant's Attorney: Stephen J. Kossup, Esq.
Attorney's Address: Post Office Box 158, Branchville, New Jersey 07826
Settlement Amount: $30,511.22
Funding Source: Insurance Fund Commission
Additional Comments:
Invitation: Corporation Counsel, June 18, 2013
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WHEREAS, the Petitioner, Joseph Farina, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2002-18131 and 2003-17490 against the City of Newark seeking workers' compensation benefits, as a result of an accident that he suffered on May 9, 2002 and February 17, 2003, while working for the Newark Police Department; and
WHEREAS, said Joseph Farina, through his attorney, 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 Twenty Five Thousand Four Hundred Twenty-Five Dollars and Twenty-Two Cents ($25,425.22). Pursuant to the terms of the Settlement Order to be executed by the Judge of Compensation, the City of Newark will also pay an attorney's fee of Four Thousand Five Hundred Six Dollars ($4,506.00), a medical evaluation fee of Four Hundred Dollars ($400.00) and a transcription fee of One Hundred Eighty Dollars ($180.00); and
WHEREAS, the total value of this Settlement with the above referred to fees amounts to Thirty Thousand Five Hundred Eleven Dollars and Twenty-Two Cents ($30,511.22); and
WHEREAS, based upon all the facts and circumstances surrounding the matter it is deemed in the best interest of the City of Newark to accept said Settlement in the total amount of Thirty Thousand Five Hundred Eleven Dollars and Twenty-Two Cents ($30,511.22).
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. 2002-18131 and 2003-17490 is hereby approved.
2. Upon receipt by the Corporation Counsel of all supporting documents, the Director of Finance is hereby authorized to issue a check in the amount of Twenty Two Thousand Nine Hundred Ninety-One Dollars and Twenty-Two Cents ($22,991.22) made payable and mailed to: Joseph Farina, 228 Rutherford Place, North Arlington, New Jersey 07031. (It is understood that pursuant to the terms of the Order to be entered by the Judge of the Division of Workers Compensation, Two Thousand Thirty-Four Dollars ($2,034.00) is being subtracted from the Petitioner's Award to pay attorney's fees, and Four Hundred ($400.00) is being subtracted to pay for medical evaluations in accordance with the Settlement provisions.)
3. Upon receipt by the Corporation Counsel of all supporting documents, the Director of Finance is hereby authorized to issue a check in the amount of Six Thousand Five Hundred Forty Dollars ($6,540.00) made payable to: Steven J. Kossup, Esq., P.O. Box 158, Branchville, New Jersey 07826.
4. Upon receipt by the Corporation Counsel of all supporting documents, the Director of Finance is hereby authorized to issue a check in the amount of Eight Hundred Dollars ($800.00) made payable to: Sall/Myers Medical Associates, P.O. Box 2947, Paterson, New Jersey 07509.
5. Upon receipt by the Corporation Counsel of all supporting documents the Director of Finance is hereby authorized to issue a check in the amount of One Hundred Eighty Dollars ($180.00), made payable to: William C. O'Brien Associates, 525 Boulevard, Box 428, Kenilworth, New Jersey 07003.
6. Attached hereto are the Certification of Funds 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.
7. 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 law offices of 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 Thirty Thousand Five Hundred Eleven Dollars and Twenty-Two Cents ($30,511.22) brought by Joseph Farina, 228 Rutherford Place, North Arlington, New Jersey 07031, represented by Steven J. Kossup, Esq., P.O. Box 158, Branchville, New Jersey 07826, who suffered injuries arising out of an accident that occurred on May 9, 2002 and February 17, 2003.