Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2014-29062
Claimant: Tomas Camacho
Claimant's Attorney: Law Office of Thomas J. Koehl, Esq., 203 Front Street, Secaucus, New Jersey 07094
Settlement Amount: $56,226.00
Funding Source: 2023 Budget/Department of Law/Business Unit: NW024, Dept.: 24T, Div./Proj.: 5T24, Account #96310, Budget Ref.: B2023
Additional Information:
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WHEREAS, the Petitioner, Tomas Camacho, instituted suit in the Division of Workers Compensation of New Jersey, Essex County, bearing C.P. Number 2014-29062 against the City of Newark seeking workers’ compensation benefits as a result of an accident that he sustained on February 7, 2014 while working for the City of Newark Sanitation Department when he injured his left shoulder after throwing garbage bags; and
WHEREAS, following settlement negotiations through Petitioner’s attorney, Thomas Koehl, Esq., Corporation Counsel and/or his designee, Chasan Lamparello Mallon & 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 $49,600.00 (Forty-Nine Thousand Six Hundred 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 an attorney’s fee of $5,952.00 (Five Thousand Nine Hundred Fifty-Two Dollars and Zero Cents), medical evaluation fee of $600.00 (Six Hundred Dollars and Zero Cents) and a transcription fee 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 ----$56,226.00 (Fifty-Six Thousand Two Hundred Twenty-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 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 --------$56,226.00 (Fifty-Six Thousand Two Hundred Twenty-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 C. P. No. 2014-29062 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) $45,032.00 (Forty-Five Thousand Thirty-Two Dollars and Zero Cents) made payable and mailed to Tomas Camacho, 14 Underwood Avenue, Newark, New Jersey 07016. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers Compensation, $3,968.00 (Three Thousand Nine Hundred Sixty--Eight Dollars and Zero Cents) is being subtracted from the Petitioner’s award to pay attorney’s fees and $600.00 (Six Hundred Dollars and Zero Cents) is being subtracted to pay for medical evaluations in accordance with the settlement provisions
(b) $9,920.00 (Nine Thousand Nine Hundred Twenty Dollars and Zero Cents) made payable to Law Offices of Thomas Koehl, Esq., 203 Front Street, Secaucus, New Jersey 07094.
(c) $1,200.00 (One Thousand Two Hundred Dollars and Zero Cents) made payable to Sall/Myers Medical Associates, PO Box 2947, Paterson, New Jersey 07509.
(d) $74.00 (Seventy-Four Dollars and Zero Cents), made payable to William C. O’ Brien & Associates 525 Boulevard, 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 Business Unit NW024, Dept. ID 24T, Div. /Proj. 5T24, Account# 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 the Corporation Counsel or his designee, Chasan Lamparello Mallon & Cappuzzo 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 ----$56,226.00 (Fifty-Six Thousand Two Hundred Twenty-Six Dollars and Zero Cents) brought by Tomas Camacho, for injuries he sustained while employed by the Department of Sanitation.