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CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR APPROVAL OF A COURT ORDER IN THE AMOUNT OF $31,977 REGARDING JIMMY ANDREWS VS. THE CITY OF NORMAN, WORKERS' COMPENSATION COURT CASE NO. WCC-2012-00538 L.
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BACKGROUND: Jimmy Andrews was a Maintenance Worker II in the Stormwater Drainage Division of Public Works who injured his left foot while mowing on August 2, 2011. He filed Workers Compensation Claim WCC 2012-00538 L on January 27, 2012. The case proceeded through the normal litigation process, and a trial was held on August 18, 2014. The Court Award in amount of $31,977 is being presented to City Council at this time. It is recommended that this Order be accepted.
DISCUSSION: Mr. Andrews was a 27-year employee of the City of Norman who was hired on July 24, 1984 as a laborer in Public Words. He was promoted several times with a final promotion on July 1, 1993 as a Maintenance Worker II. On August 2, 2011, Mr. Andrews was mowing, had inadvertently rested his right foot on the exhaust of the mower he was riding and severely burned his right foot. Mr. Andrews had diabetes and, although he had work boots on, he did not feel the burn going through his boot. His third toe was subsequently amputated on January 23, 2012. However, because of his diabetes, the burn wound would not heal, and he underwent a number of treatments in a hyperbaric chamber in an attempt to heal the burn wound. Mr. Andrews continued to receive treatment up until his death from a heart attack on March 16, 2013.
WCC 2013-03568 X (Death Claim)
Mrs. Andrews filed Workers' Compensation Case No. 2013-03568 X on April 1, 2013 claiming the heart attack was a consequence of his burn wound and asked for death benefits. A trial on this claim was held on August 18, 2014. The City's exposure in this claim was significant. However, the Court found that Mr. Andrews' heart attack did not arise out of nor was caused by his on the job injury and the claim was denied.
WCC...
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