Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2020-13968
Claimant: Arthur Evaristo
Claimant's Attorney: Frank Salzer, Esq. Of the Law Firm of Salzer & Salzer, LLC
Attorney's Address: 611 Main Street, Toms River, New Jersey 08753
Settlement Amount: $382,221.00
Funding Source: Business Unit 024, Dept. ID 24T, Div/Proj. 5T24, Account Code 96310
Aditional information:
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WHEREAS, the Petitioner, Artur Evaristo, a retired Battalion Chief, instituted suit in the Division of Workers Compensation of New Jersey, Monmouth County, bearing C.P. Number 2020-13968 against the City of Newark seeking second injury fund workers’ compensation benefits as a result of several injuries sustained while in the course of duty, while employed by the City of Newark, Fire Department; and
WHEREAS, the following settlement negotiations through Petitioner’s attorney, Frank. Salzer, Esq., of The Law Firm of Salzer & Salzer, LLC 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. 34:15-95) second injury fund by payment in the amount of Three Hundred Thirty-One Thousand Five Hundred Sixty Dollars and Zero Cents ($331,560.00). 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 attorney’s fee of Forty-Nine Thousand Seven Hundred Thirty-Four Dollars and Zero Cents ($49,734.00) made payable to the Law Firm of Salzer & Salzer, located at 611 Main Street Toms River, New Jersey 08753, a medical evaluation fee of Five Hundred Dollars and Zero Cents ($500.00), and Two Hundred Dollars and Zero Cents ($200.00) for testimony made payable to Dr. Martin Riss, located at 34 Lanes Mill Road Brick, New Jersey 08724, and; a transcription fee of Two Hundred Twenty-Seven Dollars and Zero Cents ($227.00) made payable to Guy Renzi & Associates, Inc., 2277 State Highway #33 Suite 410 Trenton, New Jersey 08690 for a total settlement of Three Hundred Eighty-Two Thousand Two Hundred Twenty-One Dollars and Zero Cents ($382,221.00); 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 Three Hundred Eighty-Two Thousand Two Hundred Twenty-One Dollars and Zero Cents ($382,221.00).
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. 2020-13968 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) Three Hundred Thirty-One Five Hundred Sixty Dollars and Zero Cents ($331,560.00) made payable and mailed to: Artur Evaristo, whose address is 3 Rambling Brook Drive Holmdel, New Jersey 07733, (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers’ Compensation, and Twenty-Six Thousand Five Hundred Twenty-Four Dollars and Zero Cents ($26,524.00) is being subtracted from the Petitioner’s award to pay attorney’s fees, and Seven Hundred Dollars and Zero Cents ($700.00) is being subtracted to pay for medical evaluation in accordance with the settlement provisions) and $677.81 (Six Hundred Seventy-Seven Dollars and Eighty-One Cents) is being subtracted for miscellaneous fees. After the subtraction of the fees the amount is $303,658.19.
(b) Forty-Nine Thousand Seven Hundred Thirty-Four Dollars and Zero Cents ($49,734.00) made payable to Salzer & Salzer, LLC located at 611 Main Street Toms River, New Jersey 08753.
(c) Seven Hundred Dollars and Zero Cents ($700.00) made payable to Dr. Jay Zaretsky, 100 Hamilton Plaza, Third Floor, Paterson, New Jersey07509.
(d) Two Hundred Twenty-Seven Dollars and Zero Cents ($227.00), made payable to Guy Renzi & Associates Inc., 2277 State Highway #33, Suite 410, Trenton, New Jersey 08690.
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, 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 Three Hundred Eighty-Two Thousand Two Hundred Twenty-One Dollars and Zero Cents ($382,221.00) brought by Artur Evaristo, whose address is 3 Rambling Brook Drive Holmdel New Jersey, 07733; and represented by The Law Firm of Salzer & Salzer, whose address is 611 Main Street Toms River, New Jersey 08753 who suffered injuries, while employed by the City of Newark’s Fire Department, as, a Battalion Chief.