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RESOLUTION NO. R-1314-33: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN OKLAHOMA, AUTHORIZING COMPROMISE SETTLEMENT OF A CLAIM FILED BY WILLARD D. STEPHENS UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASE OF WILLARD D. STEPHENS V. THE CITY OF NORMAN, WORKERS' COMPENSATION CASE NO. WCC-2012-07198 A; 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: Willard D. Stephens is a Heavy Equipment Operator with the Waste Disposal Division of the Utilities Department. He filed Workers' Compensation Case No. WCC 2012-07198A on June 27, 2012 alleging injury on June 12, 2012. The case proceeded through the normal litigation process. Prior to a scheduled trial on August 20, 2013, Mr. Stephens offered to settle his case for $30,685. The settlement offer is being presented to City Council at this time. It is recommended that this settlement be accepted.
DISCUSSION:
Nature of Claim. Mr. Stephens is a Heavy Equipment Operator with the Waste Disposal Division of the Utilities Department. He was hired on July 12, 1991 as a Sanitation Worker I. His position was reclassified to Transfer Station Attendant on January 5, 1996. He was promoted to Sanitation Worker II on January 30, 2002. On November 20, 2006, he was again promoted to Heavy Equipment Operator. He was injured on June 12, 2012 when he slipped climbing off the top of a truck he had cleaned. He fractured and dislocated his left shoulder (humerus).
Issues for Trial. Should this case proceed to trial, there is no question that Mr. Stephens' injury arose out of and in the course of his employment with the City. Therefore, the issue before the Workers' Compensation Court would be the n...
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