Title
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.
Body
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. Accord...
Click here for full text