Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2011-19061
Claimant: Juan Gonzalez
Claimant's Attorney: Ricci Fava, LLC
Attorney's Address: 482 Notch Road, Woodland Park, New Jersey 07424
Settlement Amount: $24,938.00
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Corporation Counsel, October 15, 2014
Deferred 7R7-d 101514
Deferred 7R7-a (s) 102114
body
WHEREAS, the Petitioner, Juan Gonzalez, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2011-19061 against the City of Newark seeking workers' compensation benefits as a result of an accident that he sustained on June 30, 2011, while he was employed as a Police Officer, working for the Newark Police Department; and
WHEREAS, following settlement negotiations through Petitioner's attorney, Ricci Fava, 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 Twenty-Two Thousand Eight Dollars ($22,008.00). 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 Six Hundred Forty Dollars ($2,640.00), a medical evaluation fee of Two Hundred Dollars ($200.00) and a transcription fee of Ninety Dollars ($90.00) for a total settlement of Twenty-Four Thousand Nine Hundred Thirty-Eight Dollars ($24,938.00); 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, the prior Corporation Counsel and/or Outside Counsel based upon all of the facts and circumstances surrounding this matter, deemed it is in the best interest of the City of Newark to accept said settlement in the total amount of Twenty-Four Thousand Nine Hundred Thirty-Eight Dollars ($24,938.00); and
WHEREAS, the prior Corporation Counsel did not have the opportunity to present this matter to the Municipal Council for approval 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. 2011-19061 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) $20,048.00 (Twenty Thousand Forty-Eight Dollars and Zero Cents) made payable and mailed to Juan Gonzalez, 108 Autumn Drive, Montague, New Jersey 07827. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers' Compensation, $1,760.00 (One Thousand Seven Hundred Sixty Dollars and Zero Cents) is being subtracted from the Petitioner's award to pay attorney's fees, and $200.00 (Two Hundred Dollars and Zero Cents) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.)
(b) $4,400.00 (Four Thousand Four Hundred Dollars and Zero Cents) made payable to Ricci Fava, LLC, 482 Notch Road, Woodland Park, New Jersey 07424.
(c) $400.00 (Four Hundred Dollars and Zero Cents) made payable to Arthur Tiger, M.D., 600 Mt. Pleasant Avenue, Suite E, Dover, 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 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, 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 Twenty-Four Thousand Nine Hundred Thirty-Eight Dollars ($24,938.00) brought by Juan Gonzalez, 108 Autumn Drive, Montague, New Jersey, represented by Ricci Fava, LLC, who suffered injuries arising out of an accident that occurred on June 30, 2011 while he was employed as a Police Officer by the Newark Police Department.