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CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR APPROVAL OF A COURT ORDER IN THE AMOUNT OF $24,225 REGARDING ARTHUR WOODS VS. THE CITY OF NORMAN, WORKERS' COMPENSATION COURT CASE WCC 2014-08679F.
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BACKGROUND: Arthur Woods was a Heavy Equipment Operator who filed Workers' Compensation Case No. 2014-08679 F September 10, 2014 alleging on or about June 2013 a work related cumulative trauma injury to his right shoulder, body due to lifting heavy equipment. He underwent an MR arthrogram of his right shoulder May 31, 2013 and a full thickness tear of the rotator cuff was identified and surgery recommended. On June 14, 2013 an arthroscopy of the right shoulder with a rotator cuff repair, a subacromial decompression, a distal clavicle excision, and a bursectomy surgery was performed followed by a course of post-operative physical therapy and was released without restrictions on September 24, 2013. The City denied the claim for notice, nature and compensability. The case has proceeded through the normal litigation process. A trial was held on September 23, 2015. On September 25, 2015 the Court found the injury was work-related and awarded Mr. Woods 15% permanent partial impairment to the right shoulder for the total sum of $24,225.00.
DISCUSSION: Mr. Woods, a thirty five (35) year employee of the City of Norman, was hired as a Maintenance Worker I in the Stormwater Division of Public Works on July 17, 1978. He was promoted to Maintenance Worker II on February 2, 1979 and Heavy Equipment Operator on August 4, 1981. Mr. Woods retired from the City of Norman on November 27, 2013.
Issues for Trial. The issues tried on September 23, 2015 before the Workers' Compensation court were permanent partial disability, medical, rate, continued medical maintenance, and commute. Permanent partial disability is a factual determination made by the Workers' Compensation court Trial Judge based on doctors' opinions regarding the extent of permanent p...
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