Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2018-7233
Claimant: Paul S. Leber
Claimant's Attorney: Weiner Mazzei LLC
Attorney's Address: 165 Prospect Street, First Floor, Passaic,
New Jersey 07055
Settlement Amount: $83,346.94
Funding Source: Fund Code: 024, Department: 24T, Division: 5T24, Account #: 96310
Additional Information:
body
WHEREAS, the Petitioner, Paul S. Leber, instituted suit in the Division of Workers Compensation of New Jersey, Paterson County, bearing CP Number 2018-7233 against the City of Newark seeking workers’ compensation benefits as a result of an accident that occurred on December 30, 2017, while employed as a firefighter for the Ciy of Newark; and
WHEREAS, following settlement negotiations through Petitioner’s attorney, Weiner Mazzei LLC, Corporation Counsel and/or his designee, Chasan Lamparello Mallon & Cappuzzo, PC, (“Outside Counsel”) 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 Seventy-One Thousand Four Hundred Fifty-Four Dollars and Ninety-Four Cents ($71,454.94). 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’s fee of Ten Thousand Seven Hundred Eighteen Dollars and Zero Cents ($10,718.00), medical evaluation fee of $1,100.00 (One Thousdand One Hundred Dollars) and a transcription fee of Seventy Four Dollars and Zero Cents ($74.00); and
WHEREAS, the total value of this settlement with the above referred to fees amounts to Eighty-Three Thousand Three Hundred Forty-Six Dollars Ninety-Four Cents ($83,346.94); 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 Eighty-Three Thousand Three Hundred Forty-Six Dollars Ninety-Four Cents ($83,346.94).
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 CP No. 2018-7233 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) Sixty Three Thousand Two Hunder Nine Dollars Ninety Four Cents ($63,209.94) made payable and mailed to Paul S. Leber, 36 Hilllside Drive, Totowa, New Jersey 07512. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers Compensation, Seven Thousand One Hundred Forty-Five Dollars and Zero Cents ($7,145.00) is being subtracted from the Petitioner’s award to pay attorney’s fees and One Thousand One Hundred Dollars and Zero Cents ($1,100.00) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.
(b) Seventeen Thousand Eight Hundred Sixty-Three Dollars ($17,863.00) made payable to Weiner Mazzei LLC, 165 Prospect Street, First Floor, Passaic, New Jersey 07055.
(c) One Thousand Six Hundred Dollars and Zero Cents ($1,600.00) made payable to Weiner Mazzei LLC, 165 Prospect Street, First Floor, Passaic, New Jersey 07055 for reimbursement of expert costs.
(d) Six Hundred Dollars and Zero Cents ($600.00) made payable to Dr. David F. Porter, Advanced Medical Evaluations, 208 Boulevard, Hasbrouck Heights, New Jersey 07604.
(e) Seventy-Four Dollars and Zero Cents ($74.00), made payable to Renzi Legal Resources, 2277 State Highway #33, Suite 410, Trenton, New Jersey 08690.
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 024, Department: 24T, Division: 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.
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 the Corporation Counsel or his designee, Chasan Lamparello Mallon & Cappuzzo, 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 Eighty-Three Thousand Three Hundred Forty-Six Dollars Ninety-Four Cents ($83,346.94) brought by Paul S. Leber, for injuries he sustained while employed by the City of Newark.