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CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR APPROVAL OF PAYMENT OF THE REMAINING LUMP SUM INDEMNITY DEATH BENEFIT IN THE ADDITIONAL AMOUNT OF $16,102.80 RECOGNIZING A SURVIVING SPOUSE REMARRIAGE DATE OF NOVEMBER 13, 2013, IN THE COURT ORDER IN THE CASE OF DALE DEBERRY VS. THE CITY OF NORMAN, WORKERS' COMPENSATION COURT CASE NO. WCC-1999-04367 Q.
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BACKGROUND: Officer Dale DeBerry was a veteran Police Officer with the City of Norman who died after a heart attack while participating in physical agility testing for the Norman Police Department on December 1, 1998. On April 29, 1999 an Order from the Workers' Compensation Court awarding Death Benefits was entered determining Tonya DeBerry, as surviving spouse, and Lindsey Ann Crawford and Cooper Ellis DeBerry, as minor children of the deceased and dependent heirs-at-law of the deceased. The City has been complying with the Order including providing weekly income benefits to the minor children and surviving spouse. The portion of the Order that provides for weekly income benefits to the surviving spouse also provides for discontinuation upon remarriage and payment of a lump sum indemnity benefit. It has come to the City's attention that Ms. Tonya DeBerry may have remarried thus activating this portion of the Order. There has been some dispute regarding the effective date of remarriage. After very congenial discussions, Ms. DeBerry has offered to settle this part of the Order by recognizing a marriage date of November 16, 2013 which would then require an additional lump sum payment of $16,102.80 toward full satisfaction of the indemnity benefit contained in the Order. The matter was discussed with City Council at its November 10, 2014 Executive Session. In accordance with that discussion, the matter is presented to City Council for formal consideration at this time.
DISCUSSION: Officer DeBerry was hired by the City of Norman on April 16, 1984 as a Patrol Officer. He had worke...
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