File #: R-1314-72    Version: 1 Name: WCC Settlement Marvin Barton
Type: Resolution WCC Status: Passed
File created: 11/19/2013 In control: City Council
On agenda: 11/26/2013 Final action: 11/26/2013
Title: RESOLUTION NO. R-1314-72: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN OKLAHOMA, AUTHORIZING COMPROMISE SETTLEMENT OF CLAIMS FILED BY MARVIN BARTON UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASES OF MARVIN BARTON V. THE CITY OF NORMAN, WORKERS' COMPENSATION CASE NO. WCC-2012-12945 A AND WCC 2013-07113 A; 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.
Attachments: 1. Text File Barton WCC.pdf, 2. R-1314-72.pdf, 3. Settlement Schedule, 4. PR
Title
RESOLUTION NO. R-1314-72: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN OKLAHOMA, AUTHORIZING COMPROMISE SETTLEMENT OF CLAIMS FILED BY MARVIN BARTON UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASES OF MARVIN BARTON V. THE CITY OF NORMAN, WORKERS' COMPENSATION CASE NO. WCC-2012-12945 A AND WCC 2013-07113 A; 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: Marvin Barton, a Maintenance Worker for Sewer Line Maintenance in the Utilities Department, assigned to a Line Camera Truck. He filed Workers' Compensation Cases No. WCC 2012-12945 A on November 15, 2012 and WCC 2013-07113 A (hearing loss) on July 5, 2013. Mr. Barton alleged a single occurrence incident involving his heart while working for the City of Norman on November 2, 2012. The case proceeded through the normal litigation process and, prior to a scheduled trial on November 5, 2013, Mr. Barton offered to settle his cases for $99,500. This matter was discussed in Executive Session on November 12, 2013. The settlement offer is being presented to City Council at this time. It is recommended that this settlement be accepted.

DISCUSSION: Mr. Barton is a nearly 22 year employee of the City of Norman. He began his service with the City of Norman on January 10, 1992 as a Maintenance Worker for Line Maintenance in the Utilities Department. In September of 1996, he was assigned to the Line Camera trucks. He filed two Workers' Compensation claims: one on November 15, 2012 (heart) and one on July 5, 2013 (hearing).

WCC 2012-12945 (Heart)
Nature of Claim.
Mr. Barton filed this Workers' Compensation claim alleging heart attack while on-the-job performing his job duties.
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