Title
Dept./ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2017-5432
Claimant: James Graves
Claimant's Attorney: Frank S. Salzer, Esq.
Settlement Amount: $235,090.00
Funding Source: Insurance Trust Fund
Additional Comments:
body
WHEREAS, the Petitioner, James Graves instituted suit in the Division of Workers' Compensation of New Jersey, Ocean County, bearing C.P. #2017-5432 against the City of Newark seeking workers' compensation benefits, as a result of an occupational exposure sustained while employed by the City of Newark from August 14, 1989 through November 1, 2014; and
WHEREAS, Petitioner, a retired Fire Chief, filed this occupational claim alleging that his prostate cancer is causally related to his twenty-five (25) years working for the Department of Public Safety, Fire Division, and his exposure to various chemicals, asbestos and carcinogens; and
WHEREAS, in October 2019, the New Jersey legislature enacted N.J.S.A. 34:15-31.8, which provides that any injury, illness or death of a firefighter, which may be caused by cancer, shall be presumed to be an occupational disease compensable under the workers' compensation statute; and
WHEREAS, following settlement negotiations through Petitioner's attorney, Frank S. Salzer, Esq., and the City's designee, Martin M. Glazer, Esq. ("Outside Counsel"), the parties have agreed to amicably resolve this matter under Section 20 of the Workers' Compensation Act (N.J.S.A. 34:15-20) with the agreement that this settlement is a complete and absolute surrender and release of any and all rights by the petitioner and his dependents as defined by N.J.S.A. 34:15-20 by payment of the amount of Two Hundred Thirty-Five Thousand Dollars and Zero Cents ($235,000.00) and a Stenographic Fee of Ninet...
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