Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2018-9096
Claimant: Alphonso White
Claimant's Attorney: Gerard Tamburino, Esq., 292 Lafayette Street, 2nd Floor, Newark, New Jersey 07105
Settlement Amount: $94,212.36
Funding Source: 2023 Budget/Law Department/Bus. Unit: NW024 Dept.: 24T Div/Proj: 5T24 Account #: 96310
Additional Comments:
body
WHEREAS, the Petitioner, Alphonso White, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. #2018-9096 against the City of Newark (the “City”) seeking workers’ compensation benefits, as a result of an injury to his cervical spine after lifting a heavy garbage can for disposal on March 31, 2017, while employed by the City’s Department of Public Works, Division of Sanitation; and
WHEREAS, the following settlement negotiations through Petitioner’s attorney, Gerard Tamburino 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 Eighty-Three Thousand Five Hundred Sixteen Dollars and Forty Cents ($83,516.40). Pursuant to the terms of the Settlement Order to be executed by the Judge of the Division of Workers’ Compensation, the City who will also pay an attorney’s fee of Ten Thousand Twenty-One Dollars and Ninety-Six Cents ($10,021.96) made payable to: Gerard Tamburino, Esq., located at 292 Lafayette Street, 2nd Floor, Newark, New Jersey 07105, a medical evaluation fee of Three Hundred Dollars and Zero Cents ($300.00) payable to: Dr. Cheryl Wong, M.D., located at 100 Hamilton Plaza, 3rd Floor, Paterson, New Jersey 07509, and; a medical evaluation fee of Three Hundred Dollars and Zero Cents ($300.00) made payable to: Dr. Vijaykumar Kulkarni, M.D., located at 100 Hamilton Plaza 3rd Floor, Paterson, New Jersey 07509; and a transcription fee of Seventy-Four Dollars and Zero Cents ($74.00) made payable to: Guy Renzi and Associates, Inc., located at 2277 State Highway #33, Suite 410, Trenton, New Jersey 08690 for a total settlement of Ninety-Four Thousand Two Hundred Twelve Dollars and Thirty-Six Cents ($94,212.36); 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 Ninety-Four Thousand Two Hundred Twelve Dollars and Thirty-Six Cents ($94,212.36).
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. #2018-9096 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. a. $76,235.09 (Seventy-Six Thousand Two Hundred Thirty-Five Dollars and Nine Cents) made payable to: Alphonso White, located of Newark, New Jersey 07112 (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers’ Compensation), $6,681.31 (Six Thousand Six Hundred Eighty-One Dollars and Thirty-One Cents) is being subtracted from the Petitioner’s award to pay attorney’s fees, and $600.00 (Six Hundred Dollars and Zero Cents) is being subtracted to pay for medical evaluation in accordance with the settlement provisions.); and
b. b. $16,703.27 (Sixteen Thousand Seven Hundred Three Dollars and Twenty-Seven Cents) made payable to: Gerard C. Tamburino Esq., located at 292 Lafayette Street, 2nd Floor, Newark, New Jersey 07105; and
c. c. $600.00 (Six Hundred Dollars and Zero Cents) made payable to: Dr. Cheryl Wong, M.D, located at 100 Hamilton Plaza, 3rd Floor, Paterson, New Jersey 07509; and
d. d. $600.00 (Six Hundred Dollars and Zero Cents) made payable to: Dr. Vijaykumar Kulkarni, M.D, located at 100 Hamilton Plaza, 3rd Floor, Paterson, New Jersey 07509; and
e. e. $74.00 (Seventy-Four Dollars and Zero Cents) made payable to: Guy Renzi and Associates Inc., 2277 State Highway #33, Suite 410, Trenton, New Jersey 08690.
3. 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. 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 a settlement by entering into an Order Approving Settlement of a Workers’ Compensation claim in the amount of $94,212.36 brought by Alphonso White of Newark, New Jersey 07112; and represented by Gerard C. Tamburino Esq., located at 292 Lafayette Street, 2nd Floor, Newark, New Jersey 07105, who suffered injuries to his cervical spine on March 31, 2017, while employed by the City’s Department of Public Works, Division of Sanitation.