Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2022-29310
Claimant: Dennis O’Neill II
Claimant's Attorney: William J. Scherman, Esq., of The Law Firm of Patrick G. Patel, Esq.
Attorney's Address: 580 Newark Avenue, Jersey City, New Jersey 07306
Settlement Amount: $162,639.44
Funding Source: Fund Code: 024 Dept.: 24T Division: 5T24 Account #: 96310
Additional Information:
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WHEREAS, the Petitioner, Dennis O’Neill II, a retired Fire Captain, instituted suit in the Division of Workers Compensation of New Jersey, Middlesex County, bearing C.P. Number 2022-29310 against the City of Newark seeking workers’ compensation benefits as a result of an injury sustained while in the course of duty, on May 4, 2022, while employed by the City of Newark, Department of Public Safety; and
WHEREAS, the following settlement negotiations through Petitioner’s attorney, William J. Scherman, Esq., of The Law Firm of Patrick G. Patel, Esq., and Corporation Counsel and/or his designee, The Woolridge Law Firm LLC (“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 One Hundred Thirty-One Thousand Four Hundred Eighty-Seven Dollars and Zero Cents ($131,487.00) plus Section 20, Fifteen Thousand Dollars and Zero Cents ($15,000.00). 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 Fifteen Thousand Seven Hundred Seventy-Eight Dollars and Forty-Four Cents ($15,778.44) made payable to the Law Firm of Patrick G. Patel, Esq., located at 580 Newark Avenue, Jersey City, New Jersey 07306, a medical evaluation fee of Three Hundred Dollars and Zero Cents ($300.00), made payable to Sall Meyers, Dr. Jay Zaretsky, M.D., located at 100 Hamilton Plaza, Third Floor, Paterson, New Jersey 07509, and; a transcription fee of Seventy-Four Dollars and Zero Cents ($74.00) made payable to Guy Renzi & Associates, Inc., 2277 State Highway #33 Suite 410 Trenton, New Jersey 08690 for a total settlement of One Hundred Sixty-Two Thousand Six Hundred Thirty-Nine Dollars and Forty-Four Cents ($162,639.44.); 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 One Hundred Sixty-Two Thousand Six Hundred Thirty-Nine Dollars and Forty-Four Cents ($162,639.44).
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. 2022-29310 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) $132,668.44 (One Hundred Thirty-Two Thousand Six Hundred Sixty-Eight Dollars and Forty-Four Cents) made payable and mailed to: Dennis O’Neill II., whose address is 209 Ellsworth Street, Iselin New Jersey, 08830, (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers’ Compensation, $13,518.56 and (Thirteen Thousand Five Hundred Eighteen Dollars and Fifty-Six 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) $29,297.00 (Twenty-Nine Thousand Two Hundred Ninety-Seven Dollars and Zero Cents) made payable to The Law Firm of Patrick G. Patel, Esq., located at 580 Newark Avenue, Jersey City, New Jersey 07306;
(c) $600.00 (Six Hundred Dollars and Zero Cents) made payable to Dr. Jay Zaretsky, 100 Hamilton Plaza, Third Floor, Paterson, New Jersey. 07509
(d) $74.00 (Seventy-Four Dollars and Zero Cents), made payable to Guy Renzi & Associates Inc., 2277 State Highway #33, Suite 410, Trenton, New Jersey 08690
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 Corporation Counsel 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 One Hundred Sixty-Two Thousand Six Hundred Thirty-Nine Dollars and Forty-Four Cents ($162,639.44) brought by Dennis O’Neill II, whose address is 209 Ellsworth Street, Iselin New Jersey, 08830; and represented by The Law Firm of Patrick G. Patel, Esqs., whose address is 580 Newark Avenue, Jersey City, New Jersey 07306, who suffered injuries, while employed by the City of Newark’s Department of Safety, as, a fire captain.