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RESOLUTION NO. R-1415-49: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN OKLAHOMA, AUTHORIZING COMPROMISE SETTLEMENT OF A CLAIM FILED BY GARRETT HAYS UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASE OF GARRETT HAYS V. THE CITY OF NORMAN, WORKERS' COMPENSATION CASE NO. WCC-2013-04390K; DIRECTING THE LEGAL DEPARTMENT TO THEN FILE SUCH SETTLEMENT 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.
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BACKGROUND: Garrett K. Hays is a Police Officer filed Worker's Comp Case No. 2013-04390 K on April 24, 2013 alleging injury to his lower back on April 20, 2013. The case proceeded through the normal litigation process. Mr. Hays has offered to settle his claim in the amount of $20,995. The settlement is being presented to City Council at this time. It is recommended that this settlement be accepted.
DISCUSSION: Mr. Hays was hired as a Police Officer on October 9, 2009. He filed this claim alleging low back injury while marching with the Honor Guard in a parade on April 20, 2013. A trial date was set on October 15, 2014. Prior to the trial date, City Staff negotiated a settlement with Mr. Hays through his attorney.
Issues for Trial. The issues before the Workers' Compensation Court at a trial of this case is the nature and extent of PPD and continued 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 permanent partial impairment.
Evaluations. Mr. Hays was evaluated by Dr. Lonnie Litchfield on April 24, 2014 and again on April 2, 2014. Dr. Litchfield opined 41% PPD (over and above a 3% preexisting condition) which equates to $66,215. Dr. Litchfield also recommended continue...
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