Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2011-9045
Claimant: Ferris Brown
Claimant's Attorney: Manfred Ricciardelli, Jr., Esq.
Attorney's Address: 3 Prospect Street, Morristown, New Jersey 07960
Settlement Amount: $35,624.00
Funding Source: Insurance Fund Commission
Additional Comments:
Invitation: Corporation Counsel, September 17, 2013
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WHEREAS, the Petitioner, Ferris Brown, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2011-9045 against the City of Newark seeking workers' compensation benefits as a result of an accident that he sustained on December 21, 2010 while working for the City of Newark Water and Sewer Utilities Department; and
WHEREAS, following settlement negotiations through Petitioner's attorney, Manfred Ricciardelli, Jr., Esq., Corporation Counsel and/or their 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 Thirty One Thousand Two Hundred Thirty Six Dollars ($31,236.00). 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's fee of Three Thousand Seven Hundred Forty-Eight Dollars ($3,748.00), a medical evaluation fee of Four Hundred Dollars ($400.00) and a transcription fee of Two Hundred Forty Dollars ($240.00); and
WHEREAS, the total value of this settlement with the above referred to fees amounts to Thirty Five Thousand Six Hundred Twenty-Four Dollars ($35,624.00); and
WHEREAS, based upon all of the facts and circumstances surrounding this matter, Corporation Counsel and/or their 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 Thirty Five Thousand Six Hundred Twenty- Four Dollars ($35,624.00).
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. 2011-9045 is hereby approved.
2. Upon receipt by the Corporation Counsel and/or their 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) $28,337.00 (Twenty Eight Thousand Three Hundred Thirty- Seven Dollars) made payable and mailed to: Ferris Brown, 68 Lyons Avenue, Newark, New Jersey 07112. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers' Compensation, $2,499.00 (Two Thousand Four Hundred Ninety-Nine Dollars) is being subtracted from the Petitioner's award to pay attorney's fees, and $400.00 (Four Hundred Dollars) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.)
(b) $6,247.00 (Six Thousand Two Hundred Forty-Seven Dollars) made payable to Manfred Ricciardelli, Jr., Esq., 3 Prospect Street, Morristown, New Jersey 07960.
(c) $800.00 (Eight Hundred Dollars) made payable to Sall/Myers Medical Associates, PO Box 2947, Paterson, New Jersey 07509.
(d) $240.00 (Two Hundred Forty 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 and/or her 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 Thirty Five Thousand Six Hundred Twenty Four Dollars ($35,624.00) brought by Ferris Brown, 68 Lyons Avenue, Newark, represented by Manfred Ricciardelli, Jr., Esq., who suffered injuries arising out of an accident that occurred on December 21, 2010 while he was working for the City of Newark Water & Sewer Utilities Department.