Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2018-17782
Claimant: Darryl Russell
Claimant's Attorney: Betzner Law, PC
Attorney's Address: 1136 Springfield Avenue, Mountainside, New Jersey 07092
Settlement Amount: $194,296.00
Funding Source: Insurance Trust Fund
Additional Information:
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WHEREAS, the Petitioner, Darryl Russell, instituted suit in the Division of Workers’ Compensation of New Jersey, Essex County, bearing CP Number 2018-17782, against the City of Newark seeking workers’ compensation benefits, for injuries sustained as a result of an alleged accident that occurred on February 8, 2018, while employed by the City of Newark, Department of Sanitation; and
WHEREAS, following settlement negotiations through Petitioner’s attorney, Betzner Law, PC, and 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 $142,725.00 (One Hundred Forty-Two Thousand Seven Hundred Twenty-Five Dollars and Zero Cents). 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 attorney’s fees of $21,408.00 (Twenty-One Thousand Four Hundred Eight Dollars and Zero Cents) made payable to Betzner Law, PC, attorney’s fee of $29,589.00 (Twenty-Nine Thousand Five Hundred Eighty-Nine Dollars and Zero Cents - Med & Temp Motion) made payable to Betzner Law, PC, medical evaluation fee of $500.00 (Five Hundred Dollars and Zero Cents) payable to Sall Myers Medical Associates, and a transcription fee made payable to Guy J. Renzi & Associates in the amount of $74.00 (Seventy Four Dollars and Zero Cents); and
WHEREAS, the total value of this settlement with the above referred to fees amounts to $194,296.00 (One Hundred Ninety-Four Thousand Two Hundred Ninety-Six Dollars and Zero Cents); 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 this Resolution; and
WHEREAS, based upon all of the facts and circumstances surrounding this matter, Corporation Counsel and/or Outside Counsel deems it is in the best interest of the City of Newark to accept said settlement in the total amount of -$194,296.00 (One Hundred Ninety-Four Thousand Two Hundred Ninety-Six Dollars and Zero Cents).
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. 2018-17782 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) $127,952.00 (One Hundred Twenty-Seven Thousand Nine Hundred Fifty-Two Dollars and Zero Cents) made payable and mailed to Darryl Russell, 16 Eckert Avenue, 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, $14,273.00 (Fourteen Thousand Two Hundred Seventy-Three Dollars and Zero Cents) is being subtracted from the Petitioner’s award to pay attorney’s fees and $500.00 (Five Hundred Dollars and Zero Cents) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.
(b) $35,681.00 (Thirty-Five Thousand Six Hundred Eighty-One Dollars and Zero Cents) (Attorney’s fee) made payable to Betzner Law, PC, 1136 Springfield Avenue, Mountainside, New Jersey 07092.
(c) $29,589.00 (Twenty-Nine Thousand Five Hundred Eighty-Nine Dollars and Zero Cents) (Attorney’s fee RE: Med & Temp Motion) made payable to Betzner Law, PC, 1136 Springfield Avenue, Mountainside, New Jersey 07092.
(d) $1,000.00 (One Thousand Dollars and Zero Cents) made payable to Dr. Jay Zaretsky, Sall Myers Medical Associates, 100 Hamilton Plaza, Suite 317, Paterson, New Jersey 07501.
(e) $74.00 (Seventy-Four Dollars and Zero Cents), made payable to Guy J. Renzi & Associates, Inc., 2277 State Highway #33, Suite 410, Trenton, New Jersey 08690.
3. Attached hereto is the Certifications of the Comptroller of the City of Newark which states that there are available sufficient legally appropriated funds for the purpose set forth hereinabove and which states that the line appropriation of the official budget which shall be charged is as follows: Business Unit: NW 024; Dept.: 24T; Div./Proj.: 5T24, Account #: 96310; Budget Ref.: B2025. A copy of the Comptroller’s certification 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 or his designee, Chasan Lamparello Mallon & Cappuzzo, PC on behalf of the City of Newark, to effectuate settlement by entering into an Order Approving Setllement of a Workers’ Compensation claim in the amount of $194,296.00 (One Hundred Ninety-Four Thousand Two Hundred Ninety-Six Dollars and Zero Cents) brought by Darryl Russell, as a result of alleged injuries he sustained while employed by the City of Newark