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CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR APPROVAL OF A COURT ORDER IN THE AMOUNT OF $9,690 REGARDING DAVID AWBREY VS. THE CITY OF NORMAN, WORKERS' COMPENSATION COURT CASE NO. WCC 2013-10572 Q.
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BACKGROUND: David Awbrey is a firefighter who filed Workers' Compensation Case No. 2013-10572 Q on October 2, 2013 alleging a work related single incident injury to the lungs (pulmonary embolism) and deep vein thrombosis on July 26, 2013. The City denied the claim. A trial was held on June 4, 2014 to determine compensability. On June 13, 2014, the Court found that the claimant's injury arose out of and in the course and scope of his employment. Thereafter, the case proceeded through the normal litigation process. A trial was held February 26, 2015. On February 27, 2015, the Court awarded 6% permanent partial impairment benefits to the body as a whole attributable to the lungs (occasional left-sided chest pain, mild and intermittent shortness of breath even when at rest) and 0% permanent partial disability to the body as a whole attributable to deep vein thrombosis for the total sum of $9,690.
DISCUSSION: Mr. Awbrey is a 15 year employee of the City of Norman who was hired on October 18, 1999 as a Firefighter for the Fire Department. He was promoted to Fire Driver Engineer on December 17, 2010.
Issues for Trial. The issues to be tried February 26, 2015, before the Workers' Compensation Court were whether Mr. Awbrey suffered disability due to the July 26, 2013, accident, if any, and if so, what was the extent of the disability. This is commonly referred to as a "nature and extent" case. Permanent partial disability is a factual determination made by the Workers' Compensation Court Trial Judge based on doctors' opinions regarding the extent of permanent partial impairment.
Evaluations. Mr. Awbrey was evaluated on July 18, 2014 by Dr. J. Arden Blough. Dr. Blough opined 25% ($40,375) whole person permanent partial impai...
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