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CONSIDERATION OF A RECOMMENDATION FROM THE CITY ATTORNEY THAT THE CITY COUNCIL APPROVE A SETTLEMENT OF THE CLAIM FILED BY CYNTHIA S. JOY V. THE CITY OF NORMAN, WORKERS’ COMPENSATION COMMISSION CASE 2018-00679 X IN THE AMOUNT OF $20,349.
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BACKGROUND: Cynthia S. Joy, is a former (17) seventeen-year employee of the Norman Police Department, Animal Welfare Division. Ms. Joy filed Workers’ Compensation Commission Case 2018-00679 X on February 2, 2018, alleging both cumulative and two single incident injuries to the low back, December 5, 2017, while picking up a deer and February 23, 2016, while picking up a dog. The claim was denied due to notice by the City of Norman and has proceeded through the normal litigation process.
Prior to a trial being held, a court-ordered mediation was held on November 7, 2019, and Ms. Joy has agreed to accept $20,349, 18% permanent partial disability to the whole person regarding the back, conditioned upon the Court reviewing medical evidence and issuing an Order denying compensability. She has further agreed in exchange not to appeal the Order and will not file any other claims for injuries to her low back or allege any other injuries to her low back or any other body parts while working for the City of Norman. An Order denying compensability was filed by the Court on January 27, 2020, and a Release and Covenant Not to Appeal was executed by Ms. Joy and her attorney on February 4, 2020 (see Attachments). The settlement offer is being recommended and is being presented to the City Council for consideration.
DISCUSSION: Ms. Joy began employment on November 28, 2005 as a part-time Pet Adoption Coordinator, reclassified March 19, 2007 to full-time before being promoted February 13, 2009, to an Animal Welfare Officer. She separated from employment with the City of Norman on September 27, 2018.
Medical Treatment: Ms. Joy was evaluated on November 7, 2019 by an independent medical examiner C.B. Pettigrew, D.O. According to Dr. Pettigrew’s report, Ms. Joy was examined at the Norman Regional Hospital Emergency Room on her own, December 7, 2017, for numbness to the left leg and a magnetic resonance imaging (MRI) of the lower back was recommended. The MRI revealed a bulging disc at L5-S1 and she was instructed to follow-up with an orthopedic surgeon. She was then seen by a neurosurgeon and on January 24, 2018, she underwent surgery at L5-S1 and postoperative physical therapy. Due to continued symptomology, a follow-up MRI was recommended and a second surgery performed followed by postoperative physical therapy. Reportedly, the need for a possible fusion in the future was then discussed. Ms. Joy was released November 2018, without permanent restrictions. She was then seen by an orthopedic surgeon and a MRI was performed revealing a tear and a bulge pushing on the L5-S1 nerve. Ms. Joy then participated in a home exercise program and has seen no other physicians for treatment to date.
Issues for Trial. The primary issue to be tried in this case before the Workers’ Compensation Commission is compensability and if the injury to her back was work related. If the court finds the injury was work related, the court would determine the extent of Ms. Joys injuries to her back and if the injuries were permanent in nature. Permanent partial disability is a factual determination made by the Workers' Compensation Commission Trial Judge based on doctors' opinions and medical records regarding the extent of permanent partial impairment.
Trial. This case proceeded through the normal litigation process, including a court ordered mediation; and Ms. Joy has agreed to a settlement of her case.
Proposed Settlement. The proposed settlement to close this case is for a lump sum payment of $20,349 (less 20% attorney fee) representing the settlement amount discussed above.
It is felt that the settlement to close this case is fair and reasonable. A settlement is beneficial to the City in that it is a full, final and complete settlement of any and all claims and closes out any future medical treatment, and could include payment of any medical expenses incurred as well as temporary total disability. This settlement is beneficial to Ms. Joy in that it provides certainty for an award and would be paid in a lump sum rather than at a weekly rate over a period of time.
Adequate funds are available in the Order/Settlements Account (43330102-42131).
RECOMMENDATION: For the reasons outlined above, it is believed this settlement is fair, reasonable, and in the best interest of the City. It is recommended the settlement of this matter be approved by City Council.