Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2010-16468
Claimant: James Gaines
Claimant's Attorney: Steven F. Berardi, Esq.
Attorney's Address: 17 Academy Street, Suite 210, Newark, New Jersey 07102
Settlement Amount: $42,966.00
Funding Source: Insurance Fund Trust
Additional Comments:
Invitation: Corporation Counsel, May 3, 2016.
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WHEREAS, the Petitioner, James Gaines, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2010-16468 against the City of Newark seeking workers' compensation benefits as a result of an accident that he sustained on May 25, 2010, while working for the Department of Neighborhood and Recreational Services, when he was jarred and jolted within a sanitation truck injuring his right shoulder; and
WHEREAS, following settlement negotiations through Petitioner's attorney, Steven Berardi, 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 $38,014.00 (Thirty Eight Thousand Fourteen 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 $4,562.00 (Four Thousand Five Hundred Sixty Two Dollars and Zero Cents), a medical evaluation fee of $300.00 (Three 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 $42,966.00 (Forty Two Thousand Nine Hundred Dollars and Zero Cents); and
WHEREAS, based upon all of the facts and circumstances surrounding this matter, Corporation Counsel an...
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