Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2014-17828
Claimant: Kevin Lowry
Claimant's Attorney: Norris and Norris, LLC
Attorney's Address: P.O. Box 183, Phillipsburg, New Jersey 08865
Settlement Amount: $131,484.00
Funding Source: Insurance Trust Fund
Additional Comments:
body
WHEREAS, the Petitioner, Firefighter Kevin Lowry, instituted suit in the Division of Workers Compensation of New Jersey, Morris County, bearing C.P. Number 2014-17828 against the City of Newark seeking workers’ compensation benefits as a result of an accident that he sustained on June 28, 2013, while at an active building fire and working for the City of Newark, Department of Public Safety, Fire Division , he fell from a third floor stairwell to the lower level injuring his lumbar spine and left ankle; and
WHEREAS, following settlement negotiations through Petitioner’s attorney, Norris & Norris, Corporation Counsel and/or his designee, Chasan Lamparello Mallon & Cappuzzo, P.C., (“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 $60,810.00 (Sixty Thousand Eight Hundred Ten Dollars and Zero Cents) for permanency and $55,000.00 (Fifty Five Thousand Dollars and Zero Cents) for medical bills for a total of $115,810.00 (One Hundred Fifteen Thousand Eight Hundred Ten Dollars and Zero Cents). 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 $15,000.00 (Fifteen Thousand Dollars and Zero Cents), medical evaluation fee of $600.00 (Six Hundred Dollars and Zero Cents) and a transcription fee of $74.00 (Seventy-Four Dollars and Zero Cents); and
WHEREAS, the total value of this settlement with the above referred to fees amounts to ----$131,484.00 (One Hundred Thirty One Thousand Four Hundred Eighty Four Dollars and Zero Cents); 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 $131,484.00 (One Hundred Thirty One Thousand Four Hundred Eighty Four Dollars and Zero Cents).
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. 2014-17828 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) $55,410.00 (Fifty-Five Thousand Four Hundred Ten Dollars and Zero Cents) made payable and mailed to Kevin Lowry (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers Compensation, $4,800.00 (Four Thousand Eight Hundred Dollars and Zero Cents) is being subtracted from the Petitioner’s award to pay attorney’s fees and $600.00 (Six Hundred Dollars and Zero Cents) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.
(b) $21,000.00 (Twenty-One Thousand Dollars and Zero Cents) made payable to Norris & Norris, P.O. Box 183, Phillipsburg, New Jersey 08865.
(c) $74.00 (Seventy Four Dollars and Zero Cents), made payable to Renzi Legal Resources, 2277 State Highway #33, Suite 410, Trenton, New Jersey 08690.
(d) $55,000.00 (Fifty-Five Thousand and Zero Cents), made payable to Equian, LLC, P.O. Box 32140, Louisville, Kentucky 40232-2140.
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.
4. The Corporation Counsel shall file a fully executed copy of the Order Approving Settlement in the Office of the City Clerk.
STATEMENT
This Resolution authorizes the Corporation Counsel and/or his designee, Chasan Lamparello Mallon & Cappuzzo 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 $131,484.00 (One Hundred Thirty-One Thousand Four Hundred Eighty-Four Dollars and Zero Cents) brought by Kevin Lowry, for injuries he sustained while employed as a Firefighter by the Department of Public Safety, Fire Division.