Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2012-13231
Claimant: Valarie Murphy
Claimant's Attorney: John McGovern, Esq.
Attorney's Address: 221 Washington Street 2nd Fl. Newark, New Jersey 07102
Settlement Amount: $22,162.00
Funding Source: Insurance Fund Trust
Additional Comments:
body
WHEREAS, the Petitioner, Valarie Murphy, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2012-13231 against the City of Newark seeking workers’ compensation benefits as a result of an accident that she sustained on April 6, 2012 , while working as a Newark Police Officer; and
WHEREAS, following settlement negotiations through Petitioner’s attorney, John McGovern, Esq. and 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 Nineteen Thousand Four Hundred and Forty Dollars and Zero Cents ($19,440.00). 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 Two Thousand Three Hundred Thirty Two Dollars and Zero Cents ($2,332.00), a medical evaluation fee of Three Hundred Dollars and Zero Cents ($300.00) for Dr. Arthur Tiger and a transcription fee of Ninety Dollars and Zero Cents ($90.00) for a total settlement of Twenty-Two thousand One Hundred Sixty Two Dollars and Zero Cents ---($22,162.00); 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, 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 Two Thousand One Hundred Sixty Two Dollars and Zero Cents ($22,162.00).
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. 2012-13231 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) $19,440.00 (Nineteen Thousand Four Hundred and Forty Dollars and Zero Cents) made payable and mailed to Valarie Murphy, 64 Roosevelt Ave, East Orange, New Jersey 07017. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers’ Compensation, $1,555.20 (One Thousand Five Hundred and Fifty Five Dollars and Twenty Cents) is being subtracted from the Petitioner’s award to pay attorney’s fees, and $300.00 (Four Hundred Dollars and Zero) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.)
(b) $2,332.00 (Two Thousand Three Hundred and Thirty Two Dollars and Zero Cents) made payable to John McGovern, 221 Washington St. 2nd Fl. Newark, New Jersey 07102.
(c) $300.00 (Three Hundred Dollars and Zero Cents) made payable to Arthur Tiger, MD, 600 Mount Pleasant Avenue Suite E Dover, New Jersey, New Jersey 07801.
(d) $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
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 Corporation Counsel.
STATEMENT
This resolution authorizes Corporation Counsel or her designee, The Woolridge Law Firm LLC, 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 $22,162.00 brought by Valarie Murphy, 64 Roosevelt Avenue, East Orange, New Jersey 07017 and represented by John McGovern, Esq. who suffered injuries arising out of an accident that occurred on April 6, 2012 while she was employed by the Newark Police Department.