Title
CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR APPROVAL OF A COURT ORDER IN THE AMOUNT OF $53,850 REGARDING KENT D. MOSLEY VS. THE CITY OF NORMAN, WORKERS' COMPENSATION COURT CASE NO. WCC 2014-09203 A.
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BACKGROUND:
Kent D. Mosley is a police officer who filed Workers' Compensation Case No. 2014-09203 A on September 25, 2014 alleging a work related cumulative injury to the low back on or about November 6, 2009 and continuing. He underwent physical therapy, a series of epidural steroid injections and a root block. Mr. Mosley had a L4-5 laminectomy and discectomy July 6, 2011. Following surgery he underwent a post-operative course of physical therapy. Due to continued symptoms, a second surgery a lumbar fusion at L4-5 was required on December 12, 2013. He then underwent an additional course of post-operative physical therapy. The case proceeded through the normal litigation process. A trial was held on June 18, 2015. On July 6, 2015 the Court awarded Mr. Mosley 30% permanent partial impairment benefits to the low back for the total sum of $53,850.00.
DISCUSSION:
Mr. Mosley is an eight (8) year employee of the City of Norman who was hired as a police officer on July 5, 2007.
Issues for Trial. The primary issue for trial on June 18, 2015 before the Workers' Compensation court was whether Mr. Mosley suffer disability from his work with the City of Norman, whether the disability, if any was permanent, and what was the extent of the disability (referred to as a "nature and extent" or "permanent partial disability" case). Permanent partial disability is a factual determination made by the Workers' Compensation court Trial Judge based on doctors' opinions regarding the extent of permanent partial impairment as reflected by the opinions from medical testimony from medical experts presented at trial.
Evaluations. Mr. Mosley was evaluated on October 9, 2014 by Dr. Wilson. Dr. Wilson opined 53% whole person permanent partial impa...
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