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CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR APPROVAL OF A COURT ORDER IN THE AMOUNT OF $10,013 REGARDING JOEL BOLENBAUGH VS. THE CITY OF NORMAN, WORKERS' COMPENSATION COURT CASE NO. WCC-2012-13808Y
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BACKGROUND: Joel Bolenbaugh, a Sanitation Worker II in the Commercial Sanitation Division of Utilities, filed Workers' Compensation Case No. WCC 2012-13808 Y on December 7, 2012, alleging cumulative injury to his right knee. The case has proceeded through the normal litigation process. A trial was held on August 22, 2013. The Court Order is now being presented to City Council for consideration. It is recommended that the City comply with this Order.
DISCUSSION:
Nature of Claim. Mr. Bolenbaugh was hired by the City on June 28, 1982, as a Sanitation Worker in the Sanitation Division of Utilities. He was promoted to Sanitation Worker II on July 2, 1984. He filed a Workers' Compensation claim alleging cumulative injury to his right knee with a date of last occurrence on November 26, 2012. The Court found this claim compensable on April 29, 2013 "due to his 31 years of repetitive bending, stooping, squatting and climbing arising out of and in the course and scope of his employment."
Mr. Bolenbaugh was initially seen by Dr. Steven C. Schultz. An MRI showed a grade 3 chondral defect and chondromalacia. Conservative treatment by injection was elected to treat. If problems persisted, then arthroscopy would be indicated. He returned to work on December 26, 2012.
Issues for Trial. It was determined by the Court that Mr. Bolenbaugh' injury arose out of and during the course of his employment with the City. Therefore, the only issue before the Workers' Compensation Court in this case was the nature and extent of Mr. Bolenbaugh' injury. This issue is determined by the trial judge based on the claimant's testimony and expert medical evidence. The Workers' Compensation Court Judge is free to accept either doctors' opinion or find a...
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