Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2021-25302
Claimant: Evaldo Segatto
Claimant's Attorney: Martin & Melody, LLC
Attorney's Address: 44 Sycamore Avenue, Suite 3A, Little Silver, New Jersey 07739
Settlement Amount: $66,747.00
Funding Source: Fund Code: 024; Dept: 24T; Division: 5T24; Account #96310
body
WHEREAS, the Petitioner, Evaldo Segatto, instituted in the Division of Workers’ Compensation within the New Jersey Department of Workforce and Labor, a suit against the City of Newark bearing Case Number 2021-25302 and seeking workers’ compensation benefits, as a result of an accident that occurred on December 13, 2020, while handling a metal sealer grid; and
WHEREAS, following settlement negotiations through Petitioner’s attorney, Martin & Melody, LLC, Corporation Counsel and/or his designee, Chasan Lamparello Mallon & Cappuzzo, PC, (“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 Sixty Thousand Sixty-Six Dollars and Zero Cents ($60,066.00). 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 Six Thousand Seven Dollars and Zero Cents ($6,007.00), a medical evaluation fee of Six Hundred Dollars and Zero Cents ($600.00) 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 Sixty-Six Thousand Seven Hundred Forty-Seven Dollars and Zero Cents ($66,747.00); 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 Sixty-Six Thousand Seven Hundred Forty-Seven Dollars and Zero Cents ($66,747.00).
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 CP No. 2021-25302 is hereby approved.
2. Upon receipt by the Corporation Counsel and/or Outside Counsel of all supporting documents, the Director of the Department of Finance is hereby authorized and directed to issue checks in the amounts as follows:
(a) $55,178.00 (Fifty-Five Thousand One Hundred Seventy-Eight Dollars and Zero Cents) made payable and mailed to: Evaldo Segatto, 325 Ferry Street, Apt. 209, Newark, New Jersey 07105. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers Compensation, Four Thousand Six Dollars and Zero Cents ($4,006.00) is being subtracted from the Petitioner’s award to pay attorney’s fees, Two Hundred Eighty-Two Dollars and Zero Cents ($282.00) is being subtracted for miscellaneous expenses, and Six Hundred Dollars and Zero Cents ($600.00) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.
(b) $10,013.00 (Ten Thousand Thirteen Dollars and Zero Cents) made payable to: Martin & Melody, LLC, 44 Sycamore Avenue, Suite 3A, Little Silver, New Jersey 07739.
(c) $600.00 (Six Hundred Dollars and Zero Cents) for reimbursement for medical evaluations (Dr. Zaretsky and Dr. Dane) made payable to: Martin & Melody, LLC, 44 Sycamore Avenue, Suite 3A, Little Silver, New Jersey 07739.
(d) $282.00 (Two Hundred Eighty-Two Dollars and Zero Cents) for reimbursement for miscellaneous expenses made payable to: Martin & Melody, LLC, 44 Sycamore Avenue, Suite 3A, Little Silver, New Jersey 07739.
(e) $300.00 (Three Hundred Dollars and Zero Cents) made payable to: Sall Myers Medical Associates, Jay Zaretsky, MD, 611 River Drive, 4th Floor, Elmwood Park, New Jersey 07407.
(f) $300.00 (Three Hundred Dollars and Zero Cents) made payable to: Sall Myers Medical Associates, Steven Dane, MD, 611 River Drive, 4th Floor, Elmwood Park, New Jersey 07407.
(g) $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, 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 and/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 $60.066.00 brought by Evaldo Segatto, for injuries he sustained while employed by the City of Newark.