City of Norman, OK - File #: R-1415-20

• File #: R-1415-20
• Version: 1
• Name: WCC Compromise Settlement Resolution for Rodney Burton
• Type: Resolution WCC
• Status: Passed
• File created: 8/18/2014
• In control: City Council
• On agenda: 8/26/2014
• Final action: 8/26/2014
• Title: RESOLUTION NO. R-1415-20: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN OKLAHOMA, AUTHORIZING COMPROMISE SETTLEMENT OF CLAIMS FILED BY RODNEY BURTON UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASES OF RODNEY BURTON V. THE CITY OF NORMAN, WORKERS' COMPENSATION CASE NOS. WCC-2010-10900F, 2010-11090J, 2011-06594Y AND 2011-11026R; DIRECTING THE LEGAL DEPARTMENT TO THEN FILE SUCH SETTLEMENTS 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 JUDGMENTS FROM THE RISK MANAGEMENT INSURANCE FUND.

Date	Ver.	Action By	Action	Result
8/26/2014	1	City Council

Title
RESOLUTION NO. R-1415-20: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN OKLAHOMA, AUTHORIZING COMPROMISE SETTLEMENT OF CLAIMS FILED BY RODNEY BURTON UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASES OF RODNEY BURTON V. THE CITY OF NORMAN, WORKERS' COMPENSATION CASE NOS. WCC-2010-10900F, 2010-11090J, 2011-06594Y AND 2011-11026R; DIRECTING THE LEGAL DEPARTMENT TO THEN FILE SUCH SETTLEMENTS 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 JUDGMENTS FROM THE RISK MANAGEMENT INSURANCE FUND.

Body
BACKGROUND: Rodney Burton was a Maintenance Worker I employee with the Line Maintenance Division of Utilities Department who filed four (4) Workers' Compensation Cases. The cases have proceeded through the normal litigation process. These claims were mediated on August 8, 2014, and a settlement was reached for a lump sum payment of $92,811 in permanent partial disability (PPD) and $27,189 to closeout continued medical maintenance (CMM). This matter was discussed by City Council in Executive Session on August 19, 2014. The settlement offer is being presented to City Council at this time for formal consideration. It is recommended that this settlement be accepted.

DISCUSSION: Mr. Burton was hired on August 18, 2008 and separated from employment on March 16, 2012. During his employment with the City, he filed four (4) Workers' Compensation Claims which are discussed in detail below.

WCC 2010-10900F (left side, ribs, body, depression). Mr. Burton filed this claim as a result of a single incident on May 28, 2010, alleging multiple injuries when he was yanked by a pressure hose causing injury to his left shoulder, left elbow, right ribs, with consequential depression. A trial was held on July 8, 2011, and the Workers' Compensation Court awarded PPD in the amount of $...