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CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR APPROVAL OF A COURT ORDER IN THE AMOUNT OF $100,320 REGARDING MARK HELM VS. THE CITY OF NORMAN, WORKERS' COMPENSATION COURT CASE NO. WCC-2017-07137 A
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BACKGROUND: Mark Helm was a Firefighter with the Norman Fire Department who filed Workers' Compensation Case No. WCC-2007-07137A on June 25, 2007, alleging cumulative injuries as a result of performing his job related duties. The case has proceeded through the normal litigation process. A trial was held on June 4, 2014, and the Court filed its Order on June 10, 2014 awarding Mr. Helm $100,320. This claim was discussed with Council in Executive Session on December 11, 2012 and further updated by an Attorney/Client Privilege Memorandum dated June 25, 2014. The Court Order is now being presented to Council for consideration. It is recommended that the City comply with this Order.
DISCUSSION:
Nature of Claim. Mr. Helm was hired by the City on September 16, 1991 as a firefighter for the Norman Fire Department. Mr. Helm filed this Workers' Compensation claim alleging cumulative injuries to his head, neck, right and left shoulders, right hip and low back with a last date of exposure on August 28, 2005. Mr. Helm separated from employment on September 10, 2008.
Issues for Trial. The trial regarding compensability was held on August 25, 2009. The City argued the case was not compensable on issues of notice, pre-existing degenerative conditions, and work with the Norman Fire Department not being a major cause of the disability or need for treatment. On August 31, 2009, the court found claimant sustained accidental personal injury to cervical spine, thoracic spine, lumbar spine, left shoulder, right shoulder, and right hip due to cumulative trauma with the major cause being his 18 year employment with the City of Norman. The order authorized medical treatment to these body parts. Based on this ruling it has been determined that Mr. ...
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