Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2019-28806
Claimant: Kamal Brown
Claimant's Attorney: Andrew Topazio, Esq., of Marciano and Topazio
Settlement Amount: $49,944.24
Funding Source: 2023 Budget/Law Department/Business Unit: NW024 Dept.: 24T Div/Proj: 5T24 Account # 96310
Additional Comments:
body
WHEREAS, the Petitioner, Kamal Brown, instituted suit in the Division of Workers Compensation of New Jersey, Middlesex County, bearing C.P. #2019-28806 against the City of Newark (the “City”) seeking Workers’ Compensation benefits, as a result of alleged injuries sustained in 2019 as an occupational claim, related to the lumbar spine, bilateral hearing loss, post-traumatic stress disorder, tinnitus, and neurological injury during his course of employment by the City’s Department of Public Safety; and
WHEREAS, the following settlement negotiations through Petitioner’s attorney, Andrew Topazio, Esq., of Marciano and Topazio, 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 Forty-Six Thousand Four Hundred Two Dollars and Zero Cents ($46,402.00). Pursuant to the terms of the Settlement Order to be executed by the Judge of the Division of Workers’ Compensation, the City will also pay an attorney’s fee of Two Thousand Five Hundred Sixty-Eight Dollars and Twenty-Four Cents ($2,568.24,) made payable to: Marciano and Topazio., 927 Stuyvesant Avenue, Union, New Jersey 07083, a medical evaluation fee of Three Hundred Dollars and Zero Cents ($300.00), payable to: Dr. Gerald West, D.O., 505 Chestnut Street, Roselle Park, New Jersey 07204, a medical evaluation fee of Three Hundred Dollars and Zero Cents ($300.00), made payable to: Dr. Justin Capote, Ph.D., 105 Grove Street, Montclair, New Jersey 07042, a medical evaluation fee of Three Hundred Dollars and Zero Cents ($300.00), made payable to: Dr. Ana Komotar, M.D., 175 Cedar Lane, Teaneck, New Jersey 07666, and a transcription fee of Seventy-Four Dollars and Zero Cents ($74.00) made payable to: Guy Renzi and Associates, Inc., 2277 State Highway #33, Suite 410, Trenton, New Jersey 08690 for a total Settlement of Forty-Nine Thousand Nine Hundred Forty-Four Dollars and Twenty-Four Cents ($49,944.24.); 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, 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 Five Hundred Dollars and Zero Cents ($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 to accept said Settlement in the total amount of Forty-Nine Thousand Nine Hundred Forty-Four Dollars and Twenty-Four Cents ($49,944.24).
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. #2019-28806 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) $39,689.84 (Thirty-Nine Thousand Six Hundred Eighty-Nine Dollars and Eighty-Four Cents) made payable to: Kamal Brown, of Franklin Park, New Jersey, 08823 (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers’ Compensation) Six Thousand Seven Hundred Twelve Dollars and Sixteen Cents ($6,712.16) is being subtracted from the Petitioner’s award to pay attorney’s fees, and Nine Hundred Dollars and Zero Cents ($900.00) is being subtracted to pay for medical evaluations in accordance with the settlement provisions; and
b) $ 9,280.40 (Nine Thousand Two Hundred Eighty Dollars and Forty Cents) made payable to Marciano & Topazio., 927 Stuyvesant Avenue Union, New Jersey 07083; and
c) $300.00 (Three Hundred Dollars and Zero Cents) payable to Dr. Justin Capote, Ph.D., 105 Grove Street, Montclair, New Jersey 07042; and
d) $300.00 (Three Hundred Dollars and Zero Cents) payable to Dr. Gerald West, D.O., 505 Chestnut Street, Roselle Park, New Jersey 07204; and
e) $300.00 (Three Hundred Dollars and Zero Cents) payable to Dr. Ana Komotar, M.D., 175 Cedar Lane, Teaneck, New Jersey 07666; and
f) $74.00 (Seventy-Four Dollars and Zero Cents) payable to Guy Renzi & 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 Acting 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 $49,944.24 brought by Kamal Brown, Franklin Park, New Jersey; and represented by Marciano & Topazio., 927 Stuyvesant Avenue, Union, New Jersey 07083, New Jersey as a result of alleged injuries sustained in 2019 while employed by the City of Newark’s Department of Public Safety.