Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2018-9820
Claimant: Albert Gesualdo
Claimant's Attorney: Salzer & Salzer, LLC
Attorney's Address: 611 Main Street, Toms River, New Jersey 08753
Settlement Amount: $162,851.71
Funding Source: Business Unit 024, Dept. ID 24T, Div./Proj. 5T24, Account Code 96310
Additional Information:
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Whereas, the Petitioner, Albert Gesualdo, instituted suit in the Division of Workers Compensation of New Jersey, Ocean County, bearing CP Number 2018-9820 against the City of Newark seeking workers’ compensation benefits as a result of exposure that occurred from December 1977 to January 2004 due to residuals of prostate cancer; s/p suprapubic prostatectomy; bladder cancer; s/p multiple cystoscopic procedures; restrictive lung disease; and
WHEREAS, following settlement negotiations through Petitioner’s attorney, Salzer & Salzer, LLC, Corporation Counsel and/or his designee, Chasan Lamparello Mallon & Cappuzzo, PC, (“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 One Hundred Twenty-Nine Thousand Nine Hundred Dollars and Zero Cents ($129,900.00). 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’s fee of Nineteen Thousand Four Hundred Eighty-Five Dollars and Zero Cents ($19,485.00), medical evaluation fee of Three Hundred Dollars and Zero Cents ($300.00), VA Lien of Thirteen Thousand Ninety-Two Dollars and Zero Cents ($13,093.00) and a transcription fee of Seventy-Four Dollars and Zero Cents ($74.00); and
WHEREAS, the total value of this settlement with the above referred to fees amounts to One Hundred Sixty-Two Thousand Eight Hundred Fifty-One Dollars and Seventy-One Cents ($162,851.71); 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 Five Hundred Dollars and Zero Cents ($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 One Hundred Sixty-Two Thousand Eight Hundred Fifty-One Dollars and Seventy-One Cents ($162,851.71).
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 CP No. 2018-9820 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) One Hundred Nineteen Thousand Seventy Dollars and Eleven Cents ($119,070.11) made payable and mailed to Alberto Gesualdo, 6 Florian Court, Manchester, New Jersey 08759. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers Compensation, Ten Thousand Three Hundred Ninety-Two Dollars and Zero Cents ($10,392.00) is being subtracted from the Petitioner’s award to pay attorney’s fees; Three Hundred Dollars and Zero Cents ($300.00) is being subtracted to pay for medical evaluations; and One Hundred Thirty-Seven Dollars and Eighty Nine Cents ($137.89) is being subtracted to pay for miscellaneous costs in accordance with the settlement provisions.
(b) Twenty-Nine Thousand Eight Hundred Seventy-Seven Dollars and Zero Cents ($29,877.00) counsel fees, made payable to Salzer & Salzer, LLC, 611 Main Street, Toms River, New Jersey 08753.
(c) One Hundred Thirty-Seven Dollars and Eighty-Nine Cents ($137.89) miscellaneous costs, made payable to Salzer & Salzer, LLC, 611 Main Street, Toms River, New Jersey 08753.
(d) Six Hundred Dollars and Zero Cents ($600.00) made payable to Dr. Leon Waller, Regional Independent Medical Evaluations, 201 Woolston Drive, Morrisville, Pennsylvania 19067
(e) Thirteen Thousand Ninety-Two Dollars and Seventy-One Cents ($13,092.71) payment should be made via VA’s pay.gov portal. East Orange VA Medical Center facility 561, please submit a secure electronic payment: https:/www.pay.gov/public/form/start/1152111181. ID #561-G-20250519-53556. Company ID: 3600120083. (Please see VA Lien Letter attached.)
(f) Seventy-Four Dollars and Zero Cents ($74.00), 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 024, 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, PC 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 One Hundred Sixty-Two Thousand Eight Hundred Fifty-One Dollars and Seventy-One Cents ($162,851.71) brought by Albert Gesualdo, for injuries he sustained while employed by the City of Newark.