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RESOLUTION R-1819-119 A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING A SETTLEMENT OF THE CLAIM FILED BY ROBERT “SHANE” ROHR UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASE OF ROBERT ‘SHANE’ ROHR V. THE CITY OF NORMAN, WORKERS’ COMPENSATION COMMISSION CASE NO. 2017-01333 R; DIRECTING THE LEGAL DEPARTMENT TO THEN FILE SUCH SETTLEMENT AND ALL ATTENDANT COSTS IN THE WORKERS' COMPENSATION COMMISSION, OKLAHOMA CITY, OKLAHOMA; AND AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO SUBSEQUENTLY PURCHASE SUCH WORKERS' COMPENSATION COMMISSION JUDGMENT FROM THE RISK MANAGEMENT INSURANCE FUND.
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BACKGROUND: Robert “Shane” Rohr, was a sanitation worker for the City of Norman, who filed a workers’ compensation case on March 1, 2017, alleging a single injury to his neck on February 11, 2016, when he hit a bump while driving a sanitation truck and hit his head on the cabin of the truck. The claim was denied by the City of Norman and has proceeded through the normal litigation process. On October 16, 2017, Mr. Rohr amended the claim to a cumulative injury.
Prior to a trial being held, a court-ordered mediation was held on April 15, 2019, at the Workers’ Compensation Court. Mr. Rohr agreed to dismiss his claim with prejudice and settle his claim in the total amount of $20,349, which represents 18% partial disability to the neck. A Release of All Claims and Covenant Not to Appeal was executed by Mr. Rohr and his attorney on May 13, 2019 (see attachment). The settlement offer is being recommended and is being presented to the City Council for consideration. If approved, the workers compensation case will be dismissed with prejudice.
DISCUSSION: Mr. Rohr began employment as a Sanitation Worker I on March 10, 2008, and was promoted to Sanitation Worker II on December 1, 2008. He resigned from employment with the City of Norman on June 19, 2017.
Medical Treatment:
Mr. Rohr was seen by Norman Regional Occupational Medicine on April 5, 2016 for numbness to his hands and feet. He denied a specific injury but reported hitting his head while driving a sanitation truck the previous month. At that time, his personal physician prescribed medication and was off work for a period of ten days, with the symptoms resolving. The City denied additional treatment. Mr. Rohr had an MRI of the cervical spine on April 14, 2016, radiculopathy on May 25, 2016 and an EMG on August 16, 2016. He underwent anterior cervical discectomy and fusion on September 20, 2016 followed by pain management in the form of pain medication and nonsteroidal anti-inflammatory injections. At Mr. Rohr’s request, he was released back to work by his surgeon on November 2, 2016. He was not paid temporary total disability.
Issues for Trial. The primary issue to be tried in this case before the Workers’ Compensation Commission is if the injury to his neck was work-related. If the court finds the injury was work related, the court would determine the extent of Mr. Rohr’s injuries to his neck 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; however, Mr. Rohr has agreed to a settlement of his case as outlined below. If a trial was held in these cases, the Judge could determine nature and extent of the injury to the neck and award permanent partial disability and determine if the neck claim was work related.
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 these cases 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 Mr. Rohr 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.
Furthermore, if this case is settled in this manner, the City would incur additional costs and fees of Workers’ Compensation Administration Fund Tax in the amount of $406.98; Special Occupational Health & Safety Tax in the amount of $152.62; and Workers Comp Commission Filing fee in the amount of $140.00.
In addition, the City would incur an additional cost and fee for the Cleveland County Court Filing Fee in the amount of $144.14.
These additional costs and fees total $843.74, which brings the total cost of this settlement to the City to $21,192.74.
Adequate funds are available in the Order/Settlements Account (043-3002-415.21-31).
RECOMMENDATION: For the reasons outlined above, it is believed this settlement is fair, reasonable, and in the best interest of the City. Acceptance of the settlement would require the payments as outlined above. If approved, the settlement amount would be paid to Mr. Rohr and his attorney in a lump sum. The settlement would be certified to the Cleveland County District Court to be placed on the property tax rolls for collection over the next three years in accordance with 85A O.S. § 107, 51 O.S. § 159, and 62 O.S. § 361, et seq. Certifying the order to the property tax rolls would, in effect, reimburse the City’s Workers’ Compensation Fund over the next three years.