Title
Dep’t/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2018-30978
Claimant: Alejandro Martin
Claimant's Attorney: Raoul Bustillo, LLC, 101 Hudson Street, 21st Floor, Jersey City, New Jersey 07302
Settlement Amount: $129,966.80
Funding Source: 2023 Budget/Fund Code: Business Unit NW024 Department: 24T Division: 5T24 Account #: 96310
Additional Comments:
body
WHEREAS, the Petitioner, Alejandro Martin, instituted suit in the Division of Workers Compensation of New Jersey, Morris County, bearing C.P. #2018-30978 against the City of Newark (the “City”) seeking workers’ compensation benefits, as a result of an accident that he sustained on September 21, 2018, while working for the City; and
WHEREAS, following settlement negotiations through Petitioner’s attorney, Raoul Bustillo, LLC, Corporation Counsel and/or his designee, Chasan Lamparello Mallon and Cappuzzo, P.C., (“Outside Counsel”) has 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 Fifteen Thousand Four Hundred Dollars and Zero Cents ($115,400.00). 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 Thirteen Thousand Eight Hundred Fifty-Two Dollars and Eighty Cents ($13,852.80), 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 One Hundred Twenty-Nine Thousand Nine Hundred Sixty-Six Dollars and Eighty Cents (----$129,966.80); 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 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 One Hundred Twenty-Nine Thousand Nine Hundred Sixty-Six Dollars and Eighty Cents ($129,966.80).
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. #2018-30978 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) $105,415.70 (One Hundred Five Thousand Four Hundred Fifteen Dollars and Seventy Cents) made payable and mailed to: Alejandro Martin, of Morristown, New Jersey 07960. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers Compensation), Nine Thousand Two Hundred Thirty-Five Dollars and Twenty Cents ($9,235.20) is being subtracted from the Petitioner’s award to pay attorney’s fees, One Hundred Eighty-Nine Dollars and Ten Cents ($189.10) is being deducted payable to the Petitioner’s attorney for medical records fee and Six Hundred Dollars and Zero Cents ($600.00) is being subtracted to pay for medical evaluations in accordance with the Settlement provisions.
(b) $23,277.10 (Twenty-Three Thousand Two Hundred Seventy-Seven Dollars and Ten Cents) made payable to: Raoul Bustillo, LLC, 101 Hudson Street, 21st Floor, Jersey City, New Jersey 07302.
(c) $1,200.00 (One Thousand, Two Hundred Dollars and Zero Cents) made payable to: Sall/Myers Medical Associates, 100 Hamilton Plaza, Suite 317, Paterson, New Jersey 07501 for the reports of Dr. Kulkarni and Dr. Wong.
(d) $74.00 (Seventy-Four Dollars and Zero Cents), made payable to: Guy J. Renzi and Associates, 2277 State Highway 33, Suite 410, Trenton, New Jersey 08690.
3. Attached hereto are the Certifications of the City 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 City’s Comptroller 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 and Cappuzzo, 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 $129,966.80 brought by Alejandro Martin for injuries he sustained while employed by the City of Newark.