Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2009-27207
Claimant: Anthony Cugliari
Claimant's Attorney: Ricci & Fava, LLC
Attorney's Address: 482 Notch Road, Woodland Park, New Jersey 07424
Settlement Amount: $40,090.00
Funding Source: Insurance Fund Trust Account
Additional Comments:
Invitation: Corporation Counsel , July 8, 2014
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WHEREAS, the Petitioner, Anthony Cugliari, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2009-27207 against the City of Newark seeking workers' compensation benefits as a result of an occupational claim related to the petitioner's employment while employed as a Police Officer for the Newark Police Department; and
WHEREAS, following settlement negotiations through Petitioner's attorney, Ricci & Fava, LLC, Corporation Counsel and/or her designee, Chasan Leyner & Lamparello, P.C. ("Outside Counsel") have agreed to amicably resolve and settle this matter under Section 20 of the Workers' Compensation Act (N.J.S.A. 34:15-20) by payment in the amount of Forty Thousand Dollars ($40,000.00). 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 a transcription fee of Ninety Dollars ($90.00) for a total settlement of Forty Thousand Ninety Dollars ($40,090.00); 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 interests of the City of Newark to accept said settlement in the total amount of Forty Thousand Ninety Dollars ($40,090.00).
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. 2009-27207 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) $31,600.00 (Thirty One Thousand Six Hundred Dollars and Zero Cents) made payable and mailed to: Anthony Cugliari, 28 Florence Street, Nutley, New Jersey 07110. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers' Compensation, $8,000.00 (Eight Thousand 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) $8,000.00 (Eight Thousand Dollars and Zero Cents) made payable to Ricci & Fava, LLC, 482 Notch Road, Woodland Park, New Jersey 07424.
(c) $400.00 (Four Hundred Dollars and Zero Cents) made payable to Arthur Tiger, M.D., 600 Mt. Pleasant Ave, Suite E, Dover, New Jersey 07801-1638.
(d) $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. Minor changes to the amount of the settlement and distribution shall not require subsequent Municipal Council approval provided that 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.
5. 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, 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 $40,090.00 brought by Anthony Cugliari, 28 Florence Street, Nutley, New Jersey 07110 and represented by Ricci & Fava, LLC, who sustained an occupational injury while employed as a Police Officer for the Newark Police Department.