Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2004-25811
Claimant: Richard Borges
Claimant's Attorney: Ricci and Fava, LLC
Attorney's Address: 482 Notch Road, Woodland Park, New Jersey 07424
Settlement Amount: $71,631.00
Funding Source: Insurance Fund Commission
Additional Comments:
Invitation: Corporation Counsel, September 17, 2013
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WHEREAS, the Petitioner, Richard Borges, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2004-25811 against the City of Newark seeking workers' compensation benefits as a result of an accident that he sustained on July 10, 2004, while working for the Newark Police Department; and
WHEREAS, following settlement negotiations through Petitioner's attorney, Ricci and Fava, LLC, Corporation Counsel and/or its designee, Chasan, Leyner & Lamparello, P.C., 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 Sixty-Three Thousand Six Hundred Thirty Dollars ($63,630.00). 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 an attorney fee of Seven Thousand Six Hundred Thirty-Six Dollars ($7,636.00), attorney costs of One Hundred Twenty-Five Dollars ($125.00), a medical evaluation fee of One Hundred Fifty Dollars ($150.00), and a transcription fee of Ninety dollars ($90.00); and
WHEREAS, the total value of this settlement with the above referred to fees amounts to Seventy-One Thousand Six Hundred Thirty-One Dollars ($71,631.00); and
WHEREAS, based upon all of the facts and circumstances surrounding this matter, Corporation Counsel and/or its designee, Chasan Leyner & Lamparello, P.C., deem it is in the best interest of the City of Newark to accept said settlement in the total amount of Seventy-One Thousand Six Hundred Thirty-One Dollars ($71,631.00).
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. 2004-25811 is hereby approved.
2. Upon receipt by the Corporation Counsel and/or its designee, Chasan Leyner & Lamparello, P.C., of all supporting documents, the Director of Finance is hereby authorized and directed to issue checks in the amounts as follows:
(a) $58,265.00 (Fifty-Eight Thousand Two Hundred Sixty-Five Dollars) made payable and mailed to: Richard Borges, 40 Union Street, First Floor, Newark, New Jersey 07105. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers Compensation, $5,090.00 (Five Thousand Ninety Dollars) is being subtracted from the Petitioner's award to pay attorney's fees, $125.00 (One Hundred Twenty-Five Dollars) is being subtracted for attorney costs, and $150.00 (One Hundred Fifty Dollars) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.)
(b) $12,976.00 (Twelve Thousand Nine Hundred Seventy-Six Dollars) payable to Ricci and Fava, LLC, 482 Notch Road, Woodland Park, New Jersey 07424 and dispersed in two separate checks: one for $12,726.00 and the other for $250.00.
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(c) $300.00 (Three Hundred Dollars) made payable to Arthur Tiger, M.D., 600 Mt. Pleasant Avenue, Suite E, Dover, New Jersey 07801-1638.
(d) $90.00 (Ninety Dollars), 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. 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 its designee, Chasan Leyner & Lamparello, P.C., 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 Seventy-One Thousand Six Hundred Thirty-One Dollars ($71,631.00) brought by Richard Borges, 40 Union Street, Newark, New Jersey 07105 and represented by Ricci and Fava, LLC, who suffered injuries arising out of an accident that occurred on July 10, 2004.