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RESOLUTION R-1516-101: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING COMPROMISE SETTLEMENT OF THE CLAIM FILED BY ALAN KENT BORCHERDING UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASE OF ALAN KENT BORCHERDING V. THE CITY OF NORMAN, WORKERS' COMPENSATION CASE NO. 2014-05125 Q; 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 JUDGMENT FROM THE RISK MANAGEMENT INSURANCE FUND.
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BACKGROUND: Alan "Kent' Borcherding was a Municipal Court Officer for the City of Norman Municipal Court who filed Workers' Compensation Case No. 2014-05125 Q on May 12, 2014, for a single event injury which occurred on October 17, 2013, to his right shoulder and neck. The case proceeded through the normal litigation process. A court ordered Mediation was held on March 10, 2016, wherein a settlement agreement was reached prior to a trial. Mr. Borcherding has agreed to settle his claim in the total amount of $45,000. The settlement offer is being presented to the City Council at this time. It is recommended that this settlement be accepted.
DISCUSSION: Mr. Borcherding began his employment with the City of Norman Municipal Court on March 1, 2010, as a part time Municipal Court Officer and went full time on May 3, 2010. He was separated from the City of Norman employment on November 6, 2014.
An MRI was performed on November 20, 2013, which revealed a partial rotator cuff tear. Dr. David Bobb performed right shoulder surgery on December 13, 2013, with rotator cuff and biceps tendon repair. He underwent a course of conservative care and physical therapy and was released for the shoulder on May 8, 2014 by Dr. Bobb. Upon further follow up with Dr. Bobb, Mr. Borcherding noted development of pai...
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