Title
Dept/ Agency: Law
Action: (X) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2013-454
Claimant: Gregory Lee
Claimant's Attorney: Fine, Olin & Anderman, Michael H. Glassman, Esq.
Attorney's Address: 1279 Rt. 300, P.O. Box 1111, Newburgh, New York 12551
Settlement Amount: $27,430.00
Funding Source: Insurance Fund Trust
Additional Comments:
Invitation: Corporation Counsel, January 4, 2017
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WHEREAS, the Petitioner, Gregory Lee, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2013-454 against the City of Newark seeking workers’ compensation benefits as a result of an accident that he sustained on September 6, 2012, while working for the Newark Sanitation Department; and
WHEREAS, following settlement negotiations through Petitioner’s attorney, Fine, Olin & Anderman, Corporation Counsel and/or 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 $23,964.00 (Twenty Three Thousand Nine Hundred Sixty Four 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 $2,876.00 (Two Thousand Eight Hundred Seventy Six Dollars and Zero Cents), a medical evaluation fee of $500.00 (Five Hundred Dollars and Zero Cents) and a transcription fee of $90.00 (Ninety Dollars and Zero Cents); and
WHEREAS, the total value of this settlement with the above referred to fees amounts to ----$27,430.00 (Twenty Seven Thousand Four Hundred Thirty Dollars and Zero Cents); 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 $27,430.00 (Twenty Seven Thousand Four Hundred Thirty 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. 2013-454 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) $21,548.00 (Twenty One Thousand Five Hundred Forty Eight Dollars and Zero Cents) made payable and mailed to Gregory Lee, 25 Summit Avenue, Apt. 903, Newark, New Jersey 07103. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers Compensation, $1,916.00 (One Thousand Nine Hundred Sixteen Dollars and Zero Cents) is being subtracted from the Petitioner’s award to pay attorney’s fees, and $500.00 (Five Hundred Dollars and Zero Cents) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.)
(b) $4,792.00 (Four Thousand Seven Hundred Ninety Two Dollars and Zero Cents) made payable to Fine Olin & Anderman 1279 Rt. 300, P.O. Box 1111, Newburgh, New York 12551.
(c) $1,000.00 (One Thousand Dollars and Zero Cents) made payable to Sall/Myers Medical Associates, PO Box 2947, Paterson, New Jersey 07509.
(d) $90.00 (Ninety Dollars and Zero Cents), made payable to State Shorthand Reporting Services, P.O. Box 227, Allenhurst, New Jersey 07711.
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.
STATEMENT
This resolution authorizes Corporation Counsel and/or his 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 $27,430.00 (Twenty Seven Thousand Four Hundred Thirty Dollars and Zero Cents) brought by Gregory Lee, who suffered injuries arising out of an accident that occurred on September 6, 2012.