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CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR ACCEPTANCE OF A COURT ORDER IN THE AMOUNT OF $24,225 REGARDING TABITHA NATION VS. THE CITY OF NORMAN, WORKERS' COMPENSATION COURT CASE WCC-2014-04282 L.
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BACKGROUND: Tabitha Nation was a Parking Service Officer in the Patrol Division of the Norman Police Department who filed Workers Compensation Case No. 2014-04282 L on April 14, 2014 alleging a single incident injury to the left shoulder on February 2, 2011 from slipping on ice. The case proceeded through the normal litigation process. A trial was held on February 15, 2017 and the Court awarded Ms. Nation 15% permanent partial disability to the left shoulder for a total sum of $24,225.00. It is recommended that the City accept this Order and comply with the same.
DISCUSSION: Ms. Nation was a five (5) year employee of the City of Norman who was hired as a Communications Officer on June 14, 2005 and moved to a Parking Service Officer on February 29, 2008. She separated from employment September 23, 2013.
Ms. Nation was seen by Dr. Bond and found to have possibly sustained a SLAP lesion to the left shoulder. She was approved for surgery in May of 2011; however, was unable to proceed due to pregnancy. She continued to see Dr. Bond intermittently and on July 7, 2014 surgery was again discussed. On August 28, 2014, the Court ordered treatment with Dr. Bond including surgery; however, due to child care needs she was unable to come to an agreement regarding the timing of surgery. On October 14, 2015, Ms. Nation returned to Dr. Bond; however, she did not make her return appointment scheduled December 28, 2015.
Issues for Trial. The issues tried on February 15, 2017 before the Workers' Compensation Court were permanent partial disability and continuing medical maintenance. Permanent partial disability is a factual determination made by the Workers' Compensation court Trial Judge based on doctors' opinions regarding the extent of perm...
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