Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2016-18832
Claimant: Spring Ingram
Claimant's Attorney: Betzner Law, P.C.
Attorney's Address: 1136 Springfield Avenue, Mountainside, New Jersey 07092
Settlement Amount: $29,459.88
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Acting Corporation Counsel
body
WHEREAS, the Petitioner, Spring Ingram, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2016-18832 against the City of Newark seeking workers’ compensation benefits due to injuries to her left leg, left shoulder, and lumbar spine from a fall on April 6, 2016, while employed by the City of Newark as Court Clerk in the Newark Municipal Court; and
WHEREAS, following settlement negotiations through Petitioner’s attorney, Betzner Law P.C. and Acting Corporation Counsel and/or his designee, The Woolridge Law Firm LLC (“Outside Counsel”), have agreed to amicably resolve and settle this matter under Section 22 of the Workers Compensation Act (N.J.S.A. 34:15-20) by payment in the amount of Twenty-Five Thousand Nine Hundred Fifty Five Dollars and Twenty Five Cents ($25,955.25). 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 Three Thousand One Hundred Fourteen Dollars and Sixty-Three Cents ($3,114.63), a medical evaluation fee of Three Hundred Dollars and Zero Cents ($300.00) for Dr. Stephen J. Flood, and a transcription fee of Ninety Dollars and Zero Cents ($90.00), for a total settlement of Twenty Nine Thousand Four Hundred Fifty Nine Dollars and Eighty Eight Cents ($29,459.88); 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, the Acting 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 Twenty-Nine Thousand Four Hundred Fifty-Nine Dollars and Eighty Eight Cents ($29,459.88).
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. 2016-18832 is hereby approved.
2. Upon receipt by the Acting 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) $23,578.83 (Twenty Three Thousand Five Hundred Seventy- Eight Dollars and Eighty Three Cents) made payable and mailed to Spring Ingram, 98 Oakland Terrace, Newark, New Jersey 07106 (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers’ Compensation, $2,076.42 (Two Thousand Seventy Six Dollars and Forty Two Cents), is being subtracted from the Petitioner’s award to pay attorney’s fees, and $300.00 (Three Hundred Dollars and Zero Cents) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.)
(b) $3,114.63 (Three Thousand One Hundred Fourteen Dollars and Sixty-Three Cents) made payable to Betzner La, P.C., 1136 Springfield Avenue, Mountainside, New Jersey 07092.
(c) $300.00 (Three Hundred Dollars and Zero Cents) made payable to Stephen J. Flood, 100 Hamilton Place, 3rd Fl., Paterson, New Jersey 07509-2947.
(d) $90.00 (Ninety Dollars and Zero Cents), made payable to William C. O’Brien Associates, 525 Boulevard, Kenilworth, New Jersey 07033.
3. Attached hereto is the Certification of Funds from the Comptroller of the City of Newark which state that there is 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. A fully executed copy of the Order Approving Settlement shall be filed in the Office of the City Clerk by the Acting Corporation Counsel.
STATEMENT
This resolution authorizes the Acting Corporation Counsel or his designee, The Woolridge Law Firm LLC (Outside Counsel), 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 $29,459.88 brought by Spring Ingram, 98 Oakland Terrace, Newark, New Jersey 07106, who suffered injuries from a fall, while employed by the City of Newark as a Court Clerk in the Newark Municipal Court.