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RESOLUTION NO. R-1314-47: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN OKLAHOMA, AUTHORIZING COMPROMISE SETTLEMENT OF A CLAIM FILED BY ROBERT PACK UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASE OF ROBERT PACK V. THE CITY OF NORMAN, WORKERS' COMPENSATION CASE NO. WCC-2013-01562X; DIRECTING THE LEGAL DEPARTMENT TO THEN FILE SUCH SETTLEMENT AND ALL ATTENDANT COSTS IN THE WORKERS' COMPENSATION COURT, OKLAHOMA CITY, OKLAHOMA; AND AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO SUBSEQUENTLY PURCHASE SUCH WORKERS' COMPENSATION COURT JUDGMENTS FROM THE RISK MANAGEMENT INSURANCE FUND.
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BACKGROUND: Robert Pack is a Heavy Equipment Operator in the Street Maintenance Division of Public Works. He filed Workers' Compensation Claim WCC 2013-01562X on February 8, 2013 alleging a single incident on October 30, 2012 from a spider bite. The case proceeded through the normal litigation process and, through settlement negotiations, has agreed to settle his claim for the amount of $16,343.80. The settlement offer is being presented to City Council at this time. It is recommended that this settlement be accepted.
DISCUSSION:
Nature of Claim. Mr. Pack is Heavy Equipment Operator in the Street Maintenance Division of Public Works. He was hired on February 5, 2002 as a Maintenance Worker I in Streets and was promoted on November 15, 2002 to Heavy Equipment Operator. He was bitten by what is believed to be a spider in his work glove. The injury started as a whelp and progressed to an infected area on the top of his right hand which resulted in surgery and hospital confinement.
Issues for Trial. Should this case proceed to trial, there is no question that Mr. Pack's injury arose out of and in the course of his employment with the City. Therefore, the issue before the Workers' Compensation Court would be the nature and extent of Mr. Pack's injury or the Permanent Partial Disability (PPD) to Mr. Pack's r...
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