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CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR APPROVAL OF A COURT ORDER IN THE AMOUNT OF $29,070 REGARDING WILLIAM BRIAN STARKEY VS. THE CITY OF NORMAN, WORKERS' COMPENSATION COURT CASE NO. WCC-2012-09890 L
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BACKGROUND: William "Brian" Starkey is a Fire Captain with the Norman Fire Department. He filed Workers' Compensation Case No. WCC-2012-09890 L on August 29, 2012, alleging injury to his left shoulder on April 16, 2012. The case proceeded through the normal litigation process. A trial was set on November 19, 2013. Prior to trial, through settlement negotiations, Mr. Starkey offered to settle his claim for the amount of $29,070, and the agreed settlement was presented and approved by the Court. The Court Award is being presented to City Council at this time. It is recommended that this Court Award be accepted.
DISCUSSION: Nature of Claim. Mr. Starkey is a Fire Captain with the Norman Fire Department. He was hired on January 2, 1990 as a firefighter. He was promoted on March 1, 1999 to Fire Driver Engineer and to his current position as Fire Captain on December 5, 2003. He alleges a single incident injury to his left shoulder on April 16, 2012 while lifting a patient.
Issues for Trial. There is no question that Mr. Starkey's injury arose out of and in the course of his employment with the City. Therefore, the issue before the Workers' Compensation Court was the nature and extent of Mr. Starkey's injury or the Permanent Partial Disability (PPD) to Mr. Starkey's left shoulder due to this incident. Permanent partial disability is a factual determination made by the Workers' Compensation Court Trial Judge based on doctors' opinions and/or medical records regarding the extent of permanent partial impairment.
Medical Treatment. Mr. Starkey was initially treated at Norman Regional Occupational Medicine on April 19, 2012. After a period of conservative treatment, Mr. Starkey had arthroscopic surgery by Dr. David Bobb on ...
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