Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2011-26869
Claimant: Frances Missaggia
Claimant's Attorney: Law Offices of Feeley, Sayegh & LaRocca
Attorney's Address: 76 South Orange Avenue, Suite 211, South Orange, New Jersey 07079
Settlement Amount: $60,090.00
Funding Source: Insurance Fund Trust
Additional Comments:
Invitation: Corporation Counsel, February 18, 2015
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WHEREAS, the Petitioner, Frances Missaggia, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2011-26869 against the City of Newark seeking workers' compensation benefits as a result of a dependency claim, while working for the Newark Fire Department; and
WHEREAS, following settlement negotiations through Petitioner's attorney, Law Offices of Feeley, Sayegh & LaRocca, 76 South Orange Avenue, Suite 211 South Orange, New Jersey 07079, the former Corporation Counsel and/or her designee, Chasan Leyner & Lamparello, P.C. ("Outside Counsel") have agreed to amicably resolve and settle this matter under Section 22 of the Workers Compensation Act (N.J.S.A. 34:15-22) by payment in the amount of Sixty Thousand Dollars ($60,000.00). 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 a transcription fee of Ninety Dollars ($90.00) for a total settlement of Sixty Thousand Ninety Dollars ($60,090.00); 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 former Corporation Counsel and/or Outside Counsel deemed it is in the best interest of the City of Newark to accept said settlement in the total amount of Sixty Thousand Ninety Dollars ($60,090.00); and
WHEREAS, the former Corporation Counsel did not have the opportunity to present this matter to the Municipal Council, for approval and adoption, prior to her departure from the City.
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. 2011-26869 is hereby approved.
2. Upon receipt by the Corporation Counsel and/or Outside Counsel of all supporting documents, the Acting Director of Finance is hereby authorized and directed to issue checks in the amounts as follows:
(a) $48,000.00 (Forty-Eight Thousand Dollars and Zero Cents) made payable and mailed to Frances Missaggia, 66 Bell Street Belleville, New Jersey 07109. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers' Compensation, $12,000.00 (Twelve Thousand Dollars and Zero Cents) is being subtracted from the Petitioner's award to pay attorney's fees
(b) $12,000.00 (Twelve Thousand Dollars and Zero Cents) made payable to Law Offices of Feeley, Sayegh & LaRocca 76 South Orange Avenue, Suite 211, South Orange, New Jersey 07079.
(c) $90.00 (Ninety Dollars and Zero Cents), 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 Corporation Counsel or her designee, Chasan Leyner & Lamparello, PC, on behalf of the City of Newark, to effectuate settlement by entering into an Order Approving Settlement with Dismissal of a Workers' Compensation claim in the amount of $60,090.00 brought by Frances Missaggia, 66 Bell Street Belleville, New Jersey 07109 and represented by Feeley, Sayegh & LaRocca, for her dependency claim on behalf of John Missaggia who was employed by the Newark Fire Department.