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RESOLUTION NO. R-1213-130: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING COMPROMISE SETTLEMENT OF THE CLAIM FILED BY JUSTIN BURRIGHT UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASE OF JUSTIN BURRIGHT V. THE CITY OF NORMAN, WORKERS' COMPENSATION CASE NO. WCC 2012-14093Y; 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: Justin Burright is a Fire Fighter for the Norman Fire Department who injured his right shoulder on May 21, 2012 while assisting a patient from a wheelchair to a vehicle. Mr. Burright filed a workers' compensation case regarding his injury. The case has proceeded through the normal litigation process. Mr. Burright, through his attorney, has approached this office concerning settlement of his Workers' Compensation claim against the City of Norman. A settlement offer for this claim in the amount of $39,576.50 was discussed with Council in Executive Session on May 5, 2013. The settlement offer is being presented to City Council for consideration at this time.
DISCUSSION:
Nature of Claim. Mr. Burright was hired on October 18, 1999, as a Fire Fighter. His injury is due to a single event on May 21, 2012 when he was assisting a patient in a wheelchair into a vehicle when the patient lost his balance and fell on Mr. Burright's right shoulder. The occurrence of the accidental injury was confirmed and is undisputed.
Medical Treatment. Mr. Burright was initially seen at Norman Regional Health System Emergency Department. X-rays revealed no fracture or acute osseous injury. However, it did reveal hypertrophic AC joint. An MRI was requested. Although Mr. Burright's MRI found no rotator ...
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