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CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR ACCEPTANCE OF A COURT ORDER IN THE AMOUNT OF $9,145.98 REGARDING WILLIAM SCOTT KENT VS. THE CITY OF NORMAN, WORKERS' COMPENSATION COURT CASE NO. WCC-2007-07273L.
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BACKGROUND: William Scott Kent, a Heavy Equipment Operator for Sewer Line Maintenance in the Utilities Department, filed Workers' Compensation Case No. WCC 2007-07273 L on June 27, 2007. Mr. Kent alleged cumulative injury to his foot and ankle with psychological overlay as a result of operating heavy equipment while working for the City of Norman. The case has proceeded through the normal litigation process. A trial was held on December 2, 2010, and the Court awarded Mr. Kent a total of $60,343.20. This award is currently being paid on a weekly basis through June 5, 2014.
On April 8, 2013, Mr. Kent filed to reopen his case based on a change of physical condition of the left foot. A trial was held on June 11, 2013. The City disputed that that there was a change of condition in Mr. Kent's left foot. Therefore, the issue for trial was the extent of the change of condition.
DISCUSSION: On June 14, 2013, the Court awarded Mr. Kent an additional 7% permanent partial disability or $4,450.60. Continuing medical maintenance awarded in Court Orders dated January 5, 2011 and July 5, 2011 remain unchanged. The Court Award dated June 14, 2013 was appealed to the Workers' Compensation Court En Banc Panel on June 25, 2013. The En Banc Panel heard oral arguments in the appeal on August 16, 2013 and entered their decision on August 21, 2013, affirming in part and modifying in part the Trial Court's decision.
Court Award. The En Banc Panel found that Mr. Kent sustained a change in physical condition for the worse to the left foot of 14% PPD or $8,901.20 over and above the 40% PPD previously awarded. The En Banc Panel modified the original order paragraphs 5, 8, 9 and 11. All other paragraphs in the original order remain unchanged....
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