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HomeMy Public PortalAboutr 03:119No. 03-119 Date of Adoption March 27 2003 APPROVING WORKERS' COMPENSATION CLAIM SETTLEMENT- CALDV/ELL ..WHEREAS, the Borough of Carteret is the Respondent in the workers' compensation matter of John Caldwall v. The Borough of Carteret, C.P. No.: 2001-23357, presently before Judge Tumulty at the New Brunswick District Office of thc New Jersey Workers' Compensation Court; and WHEREAS, the senior claims examiner for the Borough's workers' compensation claims administrator, Allied Risk Services, Inc., has recommended settlement of the above described claim at 7 ½ % of partial total at 2000 rates which represents a dollar settlement of $6,795.00 to the petitioner plus any additional amounts assessed against the Borough by the Workers' Compensation Judge for petitioner's attorney fees, medical report fees and stenographic costs; and WHEREAS, the Borough's assigned counsel in this matter, John J. Carl, Esq. of thc Law Firm of Sarkisian, Florio and Kenny has also recommended settlement of the claim pursuant to the terms set forth above; and WHEREAS, the Borough Attorney has additionally reviewed the matter and advised the Governing Body that proposed settlement of this claim is reasonable and appropriate given an analysis of the applicable law and facts of the case. NOW, THEREFORE, BE IT RESOLVED by the Goveming Body of the Borough of Carteret, County of Middlesex' and State of New Jersey as follows: 1. That the Borough hereby authorizes settlement of the matter of John Caldwell v. Borough of Carteret, C.P. No.: 2001-23357, presently pending in the New Brunswick District Office of the Workers' Compensation Court, at 7 1/2 % of partial total disability for a dollar settlement of $6,795.00 to the petitioner plus any additional amounts assessed against the Borough by the Workers' Compensation Judge for petitioner's attorney fees, medical report fees and stenographic costs. 2. That a copy of this Resolution be forwarded to Maria Stryker, Senior Claims Manager, Allied Risk Services, Inc., 1750 Briall¢ Avenue, Suite 2A, Ocean Twp., NJ 07712. 3. That a copy of this Resolution be forwarded to the Borough's Finance Department and the Borough Attorney. Adopted this 27th day of March, 2003 and certified as a tree copy of the original on March 28, 2003. KATHLEEN M. BARNEY, RMC/CMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. KRUM x RIOS x MAPLES x S ITARZ x PARISI ~ SOSNOWSKI x X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council CLERK