Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2010-8552
Claimants: Danielle D’Alise and Estate of Hilda D’Alise
Claimants’ Attorneys: Arthur H. Kravitz, Esq., Stark & Stark, P.C., Attorney for Danielle D’Alise; Glenn M. Race, Esq., of Howard S. Teitelbaum, L.L.C., Attorney for the Estate of Hilda D’Alise
Attorney's Address: Stark & Stark, P.C., 993 Lenox Drive, Princeton, New Jersey 08540; Howard S. Teitelbaum, L.L.C.,1076 Highway 18, East Brunswick, New Jersey 08816
Settlement Amount: $195,410.00
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Corporation Counsel, October 6, 2015.
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WHEREAS, the Petitioners, Danielle D’Alise and Estate of Hilda D’Alise, instituted suit in the Division of Workers Compensation of New Jersey, Hunterdon County, bearing C.P. Number 2010-8552 against the City of Newark seeking workers’ compensation benefits as a result of an occupational exposure that resulted in the death of the decedent on January 18, 2010, while working for the Newark Fire Department; and
WHEREAS, following settlement negotiations through Petitioners’ attorneys, Arthur H. Kravitz, Esq. for Stark & Stark, P.C. (for Petitioner Danielle D’Alise) and Glenn M. Race, Esq. for Howard S. Teitelbaum, L.L.C. (for Petitioner Estate of Hilda D’Alise), Corporation Counsel and/or his designee, Martin Glazer, P.C. (“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 total amount of One Hundred Seventy Thousand Seven Hundred Ten Dollars and Zero Cents ($170,710.00). 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 fee of Twenty Thousand Nine Hundred Ten Dollars and Zero Cents ($20,910.00), a medical evaluation fee of Two Hundred Dollars and Zero Cents ($200.00), Funeral Expenses of Three Thousand Five Hundred Dollars and Zero Cents ($3,500.00) and a transcription fee of Ninety Dollars and Zero Cents ($90.00) for a total settlement of One Hundred Ninety-Five Thousand Four Hundred Ten Dollars and Zero Cents ($195,410.00); 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 One Hundred Ninety- Five Thousand Four Hundred Ten Dollars and Zero Cents ($195,410.00).
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 C. P. No. 2010-8552 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) $128,479.57 (One Hundred Twenty Eight Thousand Four Hundred Seventy Nine Dollars and Fifty Seven Cents) made payable and mailed to Danielle D’Alise, 14 Prospect Hills, Apt. 2A, Flemington, New Jersey 08501. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers’ Compensation, $13,730.00 (Thirteen Thousand Seven Hundred Thirty Dollars and Zero Cents) is being subtracted from the Petitioner’s award to pay attorney’s fees, and $200.00 (Two Hundred Dollars and Zero Cents) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.)
(b) $31,400.43 (Thirty-One Thousand Four Hundred Dollars and Forty-Three Cents) made payable and mailed to: Estate of Hilda D’Alise c/o John Ross; check to be mailed to attorney, Glenn Race, Esq., of Howard S. Teitelbaum, L.L.C. 1076 Highway 18, East Brunswick, New Jersey 08816 (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers’ Compensation, $400.00 (Four Hundred Dollars and Zero Cents) is being subtracted from the Petitioner’s award to pay attorney’s fees; it is also understood that the funeral expenses of $3,500.00 (Three Thousand Five Hundred Dollars and Zero Cents) will be paid to the Estate of Hilda D’Alise)
(c) $34,440.00 (Thirty-Four Thousand Four Hundred Forty Dollars and Zero Cents) made payable to Arthur H. Kravitz, Esq., for Stark & Stark, P.C., 993 Lenox Drive, Princeton, New Jersey 08540.
(d) $1,000.00 (One Thousand Dollars and Zero Cents) made payable to Glenn M. Race, Esq. for Howard S. Teitelbaum, L.L.C., 1076 Highway 18, East Brunswick, New Jersey 08816.
(e) $90.00 (Ninety Dollars and Zero Cents), made payable to William C. O’Brien, Inc., Post Office Box 428, Kenilworth, New Jersey 07033.
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 Fund 024, Agency 24T, Orgn 5T24, Object 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 Corporation Counsel or his designee, Martin Glazer, P.C., 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 Ninety-Five Thousand Four Hundred Ten Dollars and Zero Cents ($195,410.00), brought by petitioners Danielle D’Alise (represented by Arthur H. Kravitz, Esq. for Stark & Stark, P.C.) and the Estate of Hilda D’Alise (represented by Glenn M. Race, Esq. for Howard S. Teitelbaum, L.L.C.) arising out of an occupational exposure resulting in the January 18, 2010 death of the decedent, Joseph D’Alise, while he was employed by the Newark Fire Department.