Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2013-32014
Claimant: Dionisio Ramos
Claimant's Attorney: Pitman Mindas Grossman Lee & Moore
Attorney's Address: 150 Morris Avenue, Springfield, New Jersey 07081
Settlement Amount: $27,128.00
Funding Source: Insurance Fund Trust
Additional Comments:
Invitation: Corporation Counsel, September 7, 2016
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WHEREAS, the Petitioner, Dionisio Ramos, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2013-32014 against the City of Newark seeking workers’ compensation benefits as a result of an accident that he sustained on December 17, 2012, while working for the the Department of Neighborhood and Recreational Services, Division of Sanitation; and
WHEREAS, following settlement negotiations through Petitioner’s attorney, Pitman Mindas Grossman Lee & Moore, Corporation Counsel and/or her designee, Chasan Leyner & Lamparello, P.C. (“Outside Counsel”) have agreed to amicably resolve and settle this matter under Section 22 of the Workers Compensation Act (N.J.S.A. 34:15-22) by payment in the amount of Twenty-Three Thousand Nine Hundred Sixty-Four Dollars and Zero Cents ($23,964.00). 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 Two Thousand Eight Hundred Seventy Four Dollars and Zero Cents ($2,874.00), a medical evaluation fee of Two Hundred Dollars ($200.00) and a transcription fee of Ninety Dollars and Zero Cents ($90.00) for a total settlement of Twenty Seven Thousand One Hundred Twenty Eight Dollars and Zero Cents ---($27,128.00); 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 Twenty Seven Thousand One Hundred Twenty Eight Dollars and Zero Cents ($27,128.00).
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. 2013-32014 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) $21,848.00 (Twenty-One Thousand Eight Hundred Forty-Eight Dollars and Zero 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, $1,916.00 (One Thousand Nine Hundred Sixteen Dollars and Zero Cents) is being subtracted from the Petitioner’s award to pay attorney’s fees, and $200.00 (Two Hundred Dollars and Zero Cents) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.)
(b) $4,790.00 (Four Thousand Seven Hundred Ninety Dollars and Zero Cents) made payable to Pitman Mindas Grossman Lee & Moore, 150 Morris Avenue, Springfield, New Jersey 07081.
(c) $400.00 (Four Hundred Dollars and Zero Cents) made payable to Sall/Myers Medical Associates, P.O. Box 2947, Paterson, New Jersey 07509.
(d) $90.00 (Ninety Dollars and Zero Cents), made payable to William C. O’Brien, Inc., Post Office Box 428, Kenilworth, New Jersey 07033.
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.
STATEMENT
This resolution authorizes Corporation Counsel or his designee, Chasan Leyner & Lamparello, 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 Twenty-Seven Thousand One Hundred Twenty Eight Dollars and Zero Cents ---($27,128.00) brought by Dionisio Ramos, 343 W 3rd Avenue, Newark, New Jersey and represented by Pitman Mindas Grossman Lee & Moore, who suffered injuries arising out of an accident that occurred on December 17, 2012 while he was employed by the Department of Neighborhood and Recreational Services, Division of Sanitation.