Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2014-13955
Claimant: Dionisio Ramos
Claimant's Attorney: Mindas and Morris; 150 Morris Avenue, Suite 201, Springfield, New Jersey 07081
Settlement Amount: $57,333.24
Funding Source: 2023 Budget/Law Department/Business Unit: NW024 Dept.: 24T Div/Proj: 5T24 Account # 96310
Additional Comments:
body
WHEREAS, the Petitioner, Dionisio Ramos, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2014-13955 against the City of Newark seeking workers’ compensation benefits as a result of an accident that he sustained on February 7, 2014, while working for the City of Newark Department of Public Works, Division of Sanitation when he injured his lumbar spine after being involved in a motor vehicle accident; and
WHEREAS, following settlement negotiations through Petitioner’s attorney, Mindas & Morris, Corporation Counsel and/or his designee, Chasan Lamparello Mallon & Cappuzzo, P.C., (“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 $46,122.24 (Forty-Six Thousand One Hundred Twenty-Two Dollars and Twenty-Four 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 $10,221.00 (Ten Thousand Two Hundred Twenty-One Dollars and Zero Cents), medical evaluation fee of $900.00 (Nine 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 ----$57,333.24 (Fifty Seven Thousand Three Hundred Thirty Three Dollars and Twenty Four Cents); 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, based upon all of the facts and circumstances surrounding this matter, Corporation Counsel and/or Outside Counsel deem it is in the best interest of the City of Newark to accept said settlement in the total amount of --------$57,333.24 (Fifty Seven Thousand Three Hundred Thirty Three Dollars and Twenty Four Cents).
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. 2014-13955 is hereby approved.
2. Upon receipt by the Corporation Counsel and/or Outside Counsel of all supporting documents, the Director of Finance is hereby authorized and directed to issue checks in the amounts as follows:
(a) $38,408.24 (Thirty Eight Thousand Four Hundred Eight Dollars and Twenty Four Cents) made payable and mailed to Dionisio Ramos, 343 W. 3rd Avenue, Newark, New Jersey 07107. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers Compensation, $6,814.00 (Six Thousand Eight Hundred Fourteen Dollars and Zero Cents) is being subtracted from the Petitioner’s award to pay attorney’s fees and $900.00 (Nine Hundred Dollars and Zero Cents) is being subtracted to pay for medical evaluations in accordance with the settlement provisions
(b) $17,335.00 (Seventeen Thousand Three Hundred Thirty-Five Dollars and Zero Cents) made payable to Mindas & Morris, 150 Morris Avenue, Suite 201, Springfield, New Jersey 07081.
(c) $1,500.00 (One Thousand Five Hundred Dollars and Zero Cents) made payable to Sall/Myers Medical Associates, PO Box 2947, Paterson, New Jersey 07509.
(d) $90.00 (One Hundred Twenty-Five Dollars and Zero Cents), made payable to Renzi Legal Resources, 2277 State Highway #33, Suite 410, Trenton, New Jersey 08690.
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 Business Unit NW024, Dept. ID 24T, Div. /Proj. 5T24, Account Code 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 the Corporation Counsel or his designee, Chasan Lamparello Mallon & Cappuzzo 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 ----$57,333.24 (Fifty-Seven Thousand Three Hundred Thirty-Three Dollars and Twenty-Four Cents) brought by Dionisio Ramos, for injuries he sustained while employed by the Department of Public Works, Division of Sanitation.