Title
CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR APPROVAL OF A COURT ORDER IN THE AMOUNT OF $37,145 REGARDING RICHARD HARTLESS VS. THE CITY OF NORMAN, WORKERS' COMPENSATION COURT CASE NO. WCC-2012-12849A.
body
BACKGROUND: Richard Hartless, a Firefighter for the Norman Fire Department, filed Workers' Compensation Case No. WCC 2012-12849 A on November 14, 2012, alleging injury as a result of a single injury incident on August 25, 2012. The case has proceeded through the normal litigation process. A trial was held on May 30, 2013, and the Court awarded Mr. Hartless $37,145. The Court Order is now being presented to City Council for consideration. It is recommended that the City comply with this Order.
DISCUSSION: Nature of Claim. Mr. Hartless was hired by the City on July 22, 1985 with the Norman Fire Department. He filed a Workers' Compensation claim alleging an injury to his right shoulder on August 25, 2012 while lifting a patient.
Mr. Hartless was initially seen at Access Medical Center on August 31, 2012. Thereafter, he was seen at Norman Regional Occupational Medicine and was diagnosed with right rotator and biceps strain. An MRI was taken on September 21, 2012 before being referred to Dr. David Bobb for further evaluation and treatment. Arthroscopic surgery was performed on October 17, 2012 for biceps tenodesis repair, larger superior labral tear repair and resection of the distal clavical. After a period of physical therapy, he reached maximum medical improvement and he was released to full work duty with no restrictions effective January 22, 2013.
Issues for Trial. There is no question Mr. Hartless' injury arose out of and during the course of his employment with the City. Therefore, the only issues before the Workers' Compensation Court in this case were the nature and extent of Mr. Hartless' injury, commutation of the award, and continuing medical maintenance. These are determined by the trial judge based on the cl...
Click here for full text