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RESOLUTION R-1415-95: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING COMPROMISE SETTLEMENT OF THE CLAIM FILED BY JOSEPH SMITH UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASE OF JOSEPH SMITH V. THE CITY OF NORMAN, WORKERS' COMPENSATION CASE NO. WCC-2010-03196F; 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 JUDGMENT FROM THE RISK MANAGEMENT INSURANCE FUND.
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BACKGROUND: Joseph Smith was a firefighter for the City of Norman Fire Department. On March 17, 2010, he filed a workers' compensation claim for cumulative injury to his back. The case proceeded through the normal litigation process. Mr. Smith has agreed to settle his claim for a total amount of $94,850. The settlement offer is being presented to City Council at this time. It is recommended that this settlement be accepted.
DISCUSSION: Joseph Smith began his employment with the City of Norman Fire Department on January 3, 1984. He was promoted to driver/engineer in 1999. Mr. Smith retired from the Norman Fire Department on March 27, 2010, and moved to Arkansas. The City denied the workers' compensation claim for cumulative injury to his back in 2010. A trial was held on December 2, 2010, before Judge Kent Eldridge. On December 6, 2010, Judge Eldridge found the claimant's work activities constituted the major cause of his resulting injuries and stated October 9, 2008, as the date claimant became aware he has sustained injury as a result of cumulative trauma to his back and issued an Order authorizing medical treatment.
Following the December 6, 2010, Order, Mr. Smith moved from Oklahoma to Arkansas after his retirement and the City agreed to have Mr. Smith seek medical care in Arkansas. Mr. Smith was see...
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