Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation Claim
C.P. No.: 2022-13368
Claimant: Harold Bane, Jr.
Claimant's Attorney: Levinson Axelrod, P.A., The Law Firm of Levinson Axelrod
Attorney's Address: 2 Lincoln Highway P.O. Box 2905 Edison, New Jersey 08818-2905
Settlement Amount: $75,074.00
Funding Source: Business Unit 024, Dept. ID 24T, Div./Proj. 5T24, Account Code 96310
Additional Information:
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Whereas, the Petitioner, Harold Bane, a Firefighter, instituted suit in the Division of Workers Compensation of New Jersey, Monmouth County, bearing C.P. Number 2022-13368 against the City of Newark seeking workers’ compensation benefits as a result of occupational disease injury sustained while in the course of duty, June 1995 through June 2021, while employed by the City of Newark, Department of Public Safety, Fire Department; and
WHEREAS, the following settlement negotiations through Petitioner’s attorney, Celine M. Vitale, Esq., of The Law Firm of Levinson Axelrod, and Corporation Counsel and/or his designee, Brooks & Berne PLLC (“Outside Counsel”) have agreed to amicably resolve and settle this matter under Section 20 of the Workers Compensation Act (N.J.S.A. 34:15-20) by payment in the amount of Seventy-Five Thousand and Seventy-Four Dollars and Zero Cents ($75,074.00). 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 pay a transcription fee of Seventy-Four Dollars and Zero Cents ($74.00) made payable to Guy Renzi & Associates, Inc., 2277 State Highway #33 Suite 410 Trenton, New Jersey 08690; and Petitioner attorney’s fees, Petitioner’s medical evaluation fees, and miscellaneous fees will be deducted from Petitioner’s settlement proceeds for a total settlement of Seventy-Five Thousand Seventy-Four Dollars and Zero Cents ($75, 074.00); 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 Seventy-Five Thousand Seventy-Four Dollars and Zero Cents ($75,074.00).
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. 2022-13368 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) Fifty-Four Thousand Six Hundred Forty-Five Dollars and Zero Cents ($54,645.00) made payable and mailed to: Harold Bane Jr., whose address is 26 Hamilton Avenue, Leonardo, New Jersey 07737. It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers’ Compensation, Eighteen Thousand Seven Hundred Fifty Dollars and Zero Cents ($18,750.00) was subtracted from the Petitioner’s gross award to pay attorney’s fees. It is also understood that Six Hundred Dollars and Zero Cents ($600.00) was deducted from Petitioner’s gross award to pay for Dr. Leon H. Waller’s medical evaluation and reports, Nine Hundred Dollars and Zero Cents ($900.00) was deducted from Petitioner’s gross award to pay for Dr. Gerald West’s medical evaluation and reports, and One Hundred Five Dollars and Zero Cents ($105.00). Before these deductions Petitioner’s gross total award was Seventy-Five Thousand Dollars and Zero Cents ($75,000.00);
(b) Twenty Thousand Three Hundred Fifty-Five Dollars and Zero Cents ($20,355.00) made payable to Levison Axelrod P.C. located at 2 Lincoln Highway, P.O. Box 2905 Edison, New Jersey 08818-2905. This amount includes attorney fees, medical evaluation fees, and miscellaneous fees;
(c) Seventy-Four Dollars and Zero Cents ($74.00), 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, Brooks & Berne PLLC, 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 Seventy-Five Thousand Seventy-Four Dollars and Zero Cents ($75,074.00) brought by Harold Bane Jr. whose address is 26 Hamilton Avenue, Leonardo, New Jersey 07733; and represented by The Law Firm of Levinson Axelrod, whose address is 274 Church Street, Belford, New Jersey 07718, who suffered injuries, while employed by the City of Newark’s Department of Public Safety, Fire Department, as a Firefighter.