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CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR APPROVAL OF A COURT AWARD IN THE AMOUNT OF $3,441.82 REGARDING RICHARD HARTLESS VS. THE CITY OF NORMAN, WORKERS' COMPENSATION COURT CASE NO. WCC-2012-12948Q.
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BACKGROUND: Richard Hartless, a Firefighter for the Norman Fire Department, filed Workers' Compensation Case No. WCC 2012-12948 Q on November 15, 2012, alleging injury as a result of a single injury incident on August 2, 2011. The case has proceeded through the normal litigation process. A trial was scheduled on August 22, 2013, and the Court awarded Permanent Partial Disability in the amount of $3,091.11. The Court Award is now being presented to City Council for consideration. It is recommended that the City comply with this Award.
DISCUSSION:
Nature of Claim. Mr. Hartless was hired by the City on July 22, 1985 as a Firefighter with the Norman Fire Department and has worked in that Department for 28 years. He filed a Workers' Compensation claim alleging an injury to his left great toe on August 2, 2011 while fighting a fire. The injury was timely reported and accepted as occurring on the job.
Mr. Hartless was initially seen at Norman Regional Occupational on August 9, 2011. Diagnostic testing and x-rays were performed and he was sent to physical therapy. When there was no relief with the PT, he was referred for an MRI which revealed a partial tear at the distal insertion of the extensor halluces brevis tendon. He was referred to Dr. Vytautas Ringus who placed him in a cast for six weeks. Thereafter, he was placed in a boot for four weeks and began another series of PT. He reached maximum medical improvement and released to return to work with no restrictions on December 8, 2011.
Issues for Trial. There is no question Mr. Hartless' injury arose out of and during the course of his employment with the City. Therefore, the only issue before the Workers' Compensation Court in this case was whether the disability...
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