File #: 18-0440    Version: 1 Name: Workers' Compensation Settlement (Frank Gaines)
Type: Resolution Status: Adopted
File created: 3/28/2018 In control: Law
On agenda: 4/18/2018 Final action: 4/24/2018
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Workers' Compensation Claim C.P. No.: 2012-32349 Claimant: Frank Gaines Claimant's Attorney: Jay H. Bernstein, Esquire Attorney's Address: Kirsch, Gelband & Stone PA,17 Academy Street, Suite 707, Newark, New Jersey 07102 Settlement Amount: $147,656.40 Funding Source: Insurance Trust Fund Additional Comments: Invitation: Acting Corporation Counsel
Sponsors: Council of the Whole
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2012-32349
Claimant: Frank Gaines
Claimant's Attorney: Jay H. Bernstein, Esquire
Attorney's Address: Kirsch, Gelband & Stone PA,17 Academy Street, Suite 707, Newark, New Jersey 07102
Settlement Amount: $147,656.40
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Acting Corporation Counsel
body

WHEREAS, Petitioner, Frank Gaines, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2012-32349 against the City of Newark seeking workers' compensation benefits due to injuries to his lower back as a result of lifting garbage bags on June 18, 2012, while employed by the Department of Neighborhood and Recreational Services, Sanitation Division; and

WHEREAS, following settlement negotiations through Petitioner's attorney, Jay H. Bernstein, Esq., from the law office of Kirsch, Gelband & Stone PA and Acting 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 One Hundred Thirty-One Thousand Two Hundred Twenty Dollars and Zero Cents ($131,220.00). 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 Fifteen Thousand Seven Hundred Forty-Six Dollars and Forty Cents ($15,746.40), a medical evaluation fee of Three Hundred Dollars and Zero Cents ($300.00) for Dr. Cheryl Wong, and a medical evaluation fee of Three Hundred Dollars and Zero Cents ($300.00) for Theodora Maio and a transcription fee of Ninety Dollars and Zero Cents ($90.00) for a total settlement of One Hundred Forty-Seven Thous...

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