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RESOLUTION R-1920-35: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING JOINT PETITION SETTLEMENT OF THE CLAIM FILED BY GRANT ASHLEY UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASE OF GRANT ASHLEY V. THE CITY OF NORMAN, WORKERS' COMPENSATION COMMISSION CASE NO. 2016-07496 A; DIRECTING THE LEGAL DEPARTMENT TO THEN FILE SUCH SETTLEMENT AND ALL ATTENDANT COSTS IN THE WORKERS' COMPENSATION COMMISSION, OKLAHOMA CITY, OKLAHOMA; AND AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO SUBSEQUENTLY PURCHASE SUCH WORKERS' COMPENSATION COMMISSION JUDGMENT FROM THE RISK MANAGEMENT INSURANCE FUND.
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BACKGROUND: Grant Ashley began his employment with the City of Norman on July 20, 2015, as a permanent part-time custodian in the Parks and Recreation Department. He filed a workers compensation claim with the Worker's Compensation Commission on November 10, 2016, alleging cumulative injuries to the neck, upper back and both hands from pushing a buffer, mopping, vacuuming, and taking out the trash with last date of exposure May 25, 2016. Mr. Ashley separated from employment on October 14, 2016. The City of Norman admitted the claim for the reported injury to the back only and it proceeded through the normal litigation process. Prior to a trial, Mr. Ashley has agreed to settle this claim in the total amount of $5,652.50, representing 5% permanent partial disability to the whole body. The settlement offer is being recommend and is being presented to the City Council for consideration.
DISCUSSION:
Medical Treatment. Mr. Ashley was seen by Kim Wiese, PA-C the day of his reported injury. He was treated conservatively with pain medication and a brief course of physical therapy. Mr. Ashley was also seen by Dr. Penwell and due to continued symptomology was sent for a thoracic magnetic resonance imaging (MRI) exam on June 28, 2016, which revealed degenerative changes and disc bulges in the lower cer...
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