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RESOLUTION NO. R-1314-132: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN OKLAHOMA, AUTHORIZING COMPROMISE SETTLEMENT OF A CLAIM FILED BY JAMES M. CANARY UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASE OF JAMES M. CANARY V. THE CITY OF NORMAN, WORKERS' COMPENSATION CASE NO. WCC-2011-12030K; 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: James M. Canary is a Maintenance Worker II in the Traffic Control Division of Public Works. He filed Workers' Compensation Claim WCC 2011-12030 K on November 7, 2011, alleging a single incident on December 10, 2010, when, as stepping from a truck, caught his foot on a curb twisting both his left knee and ankle. The case proceeded through the normal litigation process and, through settlement negotiations, Mr. Canary has agreed to settle his claim for the amount of $25,429.75. 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. Canary was hired on September 18, 2000 as a Maintenance Worker I in the Traffic Division of Public Works. On February 16, 2011, he was promoted to Maintenance Worker II and has worked in that position since that time.
On December 10, 2010, he injured his left knee and ankle when he stepped out of a work vehicle. The injury was reported timely. Mr. Canary was initially seen by Dr. Penwell who diagnosed Mr. Canary with left knee and left ankle sprain with preexisting left knee osteoarthritis. He was released to work with restrictions. Mr. Canary continued to have pain issues. An MRI was performed on December 17, 2010 to the left knee which indicated an intern...
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