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CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR APPROVAL OF A COURT ORDER IN THE AMOUNT OF $19,541.50 REGARDING DERRALD R. KIZZIA VS. THE CITY OF NORMAN, WORKERS' COMPENSATION COURT CASE NO. WCC 2014-06995 K.
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BACKGROUND: Derrald R. Kizzia is a heavy equipment operator in Park Maintenance who filed Workers' Compensation Case No. 2014-06995K alleging injury to his right knee on December 20, 2013. The case proceeded through the normal litigation process. A trial was held on March 3, 2015 and on March 6, 2015 the Court awarded Mr. Kizzia the sum of $19,541.50 in permanent partial disability benefits. This item is presented to the Council to consider acceptance of the Court Order in this case.
DISCUSSION: Mr. Kizzia is a 22 year employee of the City of Norman who was hired on August 21, 1992 as a Maintenance Worker I in the Park Maintenance Division of the Parks and Recreation Department. He was promoted on August 6, 1996 to Maintenance Worker II with a final promotion to Heavy Equipment Operator on December 27, 2001.
Nature of Claim. Mr. Kizzia filed this Workers' Compensation claim on July 15, 2014, alleging an injury to the right knee while kneeling down to work on cement forms on December 20, 2013. Mr. Kizzia had arthroscopy for a medial meniscal tear on February 6, 2014. He was released by his physician on March 19, 2014. In addition, Mr. Kizzia injured his left knee in 2008 and in 2009 the court awarded 31% permanent partial disability for that injury and injured his right shoulder in 2011 and in 2012 the court awarded 24% permanent partial disability for the right shoulder and 5% permanent partial disability due to psychological overlay as it related to that injury.
Issues for Trial. The issues to be tried before the Workers' Compensation Court was the nature and extent of PPD. Permanent partial disability is a factual determination made by the Workers' Compensation Court Trial Judge based on doctors' opinions reg...
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