Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2001-8519
Claimant: Corey Grubbs
Claimant's Attorney: Ginarte Gallardo Gonzalez Winograd, LLP, 400 Market Street, Newark, New Jersey 07102
Settlement Amount: $80,324.40
Funding Source: Insurance Trust Fund
Additional Comments:
body
WHEREAS, the Petitioner, Corey Grubbs., instituted suit in the Division of Workers Compensation of New Jersey, Middlesex County, bearing C.P. Number 2001-8519 against the City of Newark seeking workers’ compensation benefits as a result of an injury of his right hand, right 3rd and 4th fingers, left kidney, left hip, left femur, and left leg when he was involved in a motor vehicle accident on October 17, 2000, while employed as a Police Officer by the City of Newark, Department of Public Safety, Police Division; and
WHEREAS, following settlement negotiations through Petitioner’s attorney, Christopher A. Lavarone, Esq., of Ginarte Gallardo Gonzalez Winograd, LLP, and Corporation Counsel and/or his designee, The Woolridge Law Firm LLC (“Outside Counsel”), the Parties have agreed to amicably resolve and settle this matter under Section 22 of the Workers Compensation Act (N.J.S.A. 34:15-20) by payment in the amount of Seventy-One Thousand Three Hundred Seventy Dollars and Zero Cents ($71,370.00). Pursuant to the terms of the Settlement Order, to be executed by the Judge of the Division of Workers’ Compensation, the City of Newark who will also pay: an attorney’s fee of Eight Thousand Five Hundred Sixty-Four Dollars and Forty Cents ($8,564.40) payable to Ginarte Gallardo Gonzalez Winograd, LLP, 400 Market Street, Newark, New Jersey 07102; a medical evaluation fee of Three Hundred Dollars and Zero Cents ($300.00), payable to Morris Horwitz, M.D., 175 Cedar Lane, Teaneck, New Jersey 07666, and; a transcription fee of Ninety Dollars and Zero Cents ($90.00) made payable to Guy Renzi & Associates, Inc., 2277 State Highway #33 Suite 410 Trenton, New Jersey 08690, for a total settlement amount of Eighty Thousand Three Hundred Twenty-Four Dollars and Forty Cents ($80,324.40); 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 Eighty Thousand Three Hundred Twenty-Four Dollars and Forty Cents ($80,324.40).
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. 2001-8519 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 following amounts:
(a) $65,360.40 (Sixty-Five Thousand Three Hundred Sixty Dollars and Forty Cents) made payable and mailed to Corey Grubbs, (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers’ Compensation, $5,709.60 (Five Thousand Seven Hundred Nine Dollars and Sixty 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 evaluation in accordance with the settlement provisions.)
(b) $14,274.00 (Fourteen Thousand Two Hundred Seventy-Four Dollars and Zero Cents) made payable to: Ginarte Gallardo Gonzalez Winograd, LLP., 400 Market Street, Newark, New Jersey 07102.
(c) $600.00 (Six Hundred Dollars and Zero Cents) made payable to: Morris Horwitz, M.D., 175 Cedar Lane, Teaneck, New Jersey 07666.
(d) $90.00 (Ninety Dollars and Zero Cents), made payable to: Guy Renzi & Associates Inc., 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 City’s 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 Corporation Counsel and/or his designee, The Woolridge Law Firm, LLC, 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 $80,324.40 brought by Corey Grubbs, and represented by Ginarte Gallardo Gonzalez Winograd, LLP, who suffered injuries on October 17, 2000, while employed as a Police Officer by the City of Newark, Department of Public Safety, Police Division.