Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2021-12878
Claimant: Albert Santelises
Claimant's Attorney: John McGovern, Esq. 116 Washington Street, Suite 2C, Newark, New Jersey 07102
Settlement Amount: $49,826.00
Funding Source: 2023 Budget/Law Department/Business Unit: NW024, Dept.: 24T, Div./Proj: 5T24, Account # 96310, Budget Ref. B2023
Additional Comments:
body
WHEREAS, the Petitioner, Albert Santelises, instituted suit in the Division of Workers Compensation of New Jersey, Morris County, bearing C.P. Number 2021-12878 against the City of Newark seeking workers’ compensation benefits as a result of an accident that he sustained on March 27, 2021 while working for the City of Newark when he injured his left shoulder; and
WHEREAS, following settlement negotiations through Petitioner’s attorney, John McGovern, Esq., 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 $44,154.00(Forty-Four Thousand One Hundred Fifty-Four Dollars and Zero 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 $5,289.00 (Five Thousand Two Hundred Eighty-Nine Dollars and Zero Cents), medical evaluation fee of $300.00 (Three Hundred Dollars and Zero Cents) and a transcription fee of $74.00 (Seventy-Four Dollars and Zero Cents); and
WHEREAS, the total value of this settlement with the above referred to fees amounts to $49,826.00 (Forty-Nine Thousand Eight Hundred Twenty-Six Dollars and Zero 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 -$49,826.00 (Forty-Nine Thousand Eight Hundred Twenty-Six Dollars and Zero 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. 2021-12878 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. $40,322.00 (Forty Thousand Three Hundred Twenty-Two Dollars and Zero Cents) made payable and mailed to Albert Santelises, 23 N. Street, Dover, New Jersey 07801. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers Compensation, $3,532.00 (Three Thousand Five Hundred Thirty-Two Dollars and Zero Cents) is being subtracted from the Petitioner’s award to pay attorney’s fees and $300.00 (Three Hundred Dollars and Zero Cents) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.
B. $8,830.00 (Eight Thousand Eight Hundred Thirty Dollars and Zero Cents) made payable to John McGovern, Esq., 116 Washington Street, Suite 2C, Newark, New Jersey, 07102.
C. $600.00 (Six Hundred Dollars and Zero Cents) made payable to Sall/Myers Medical Associates, 100 Hamilton Plaza, Suite 317, Paterson, New Jersey 07501.
D. $74.00 (Seventy-Four 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 $49,826.00 (Forty-Nine Thousand Eight Hundred Twenty-Six Dollars and Zero Cents) brought by Albert Santelises, for injuries he sustained while employed by the City of Newark.