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RESOLUTION NO. R-1314-34: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN OKLAHOMA, AUTHORIZING COMPROMISE SETTLEMENT OF A CLAIM FILED BY JEFFERSON B. BERNHARDT UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASE OF JEFFERSON B. BERNHARDT V. THE CITY OF NORMAN, WORKERS' COMPENSATION CASE NO. WCC-2013-02846 K; 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: Jefferson B. Bernhardt is a Fire Captain with the Norman Fire Department. He filed Workers' Compensation Case No. WCC 2013-02846 K on March 13, 2013 alleging injury to his left knee on March 25, 2012. The case proceeded through the normal litigation process and, through settlement negotiations, has agreed to settle his claim for the amount of $17,765. 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. Bernhardt is a Fire Captain with the Norman Fire Department. He was hired on April 8, 1985 as a firefighter. He was promoted on November 5, 1993 to Fire Driver Engineer and to his current position as Fire Captain on October 1, 1998. He alleges a single incident injury to his left knee on March 25, 2012 when he was exiting a fire truck responding to an emergency call.
Issues for Trial. Should this case proceed to trial, there is no question that Mr. Bernhardt'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. Bernhardt's injury or the Permanent Partial Disability (PPD) to Mr. Bernhardt's left knee due to this incident. Permanent partial disability is a...
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