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CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR APPROVAL OF A COURT ORDER IN THE AMOUNT OF $41,751.01 REGARDING RYAN LOVELESS VS. THE CITY OF NORMAN, WORKERS' COMPENSATION COURT CASE NO. WCC 2012-11700 X.
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BACKGROUND: Ryan Loveless is a Heavy Equipment Operator in the Line Maintenance Division of the Utilities Department. He filed Workers' Compensation Case No. WCC 2012-11700 X on October 16, 2012, alleging injury as a result of a single injury incident on April 30, 2012. The case has proceeded through the normal litigation process. A trial was held on May 28, 2013, and the Court awarded Mr. Loveless $40,375. The Court Order is now being presented to City Council for consideration. It is recommended that the City comply with this Order.
DISCUSSION:
Nature of Claim. Mr. Loveless was hired by the City on February 21, 2003, as a Maintenance Worker I in the Water Line Maintenance Division of the Utilities Department. He was promoted to Maintenance Worker II on July 26, 2006 and to Heavy Equipment Operator on March 28, 2008. He filed a Workers' Compensation claim alleging an injury on April 30, 2012 when he strained his lower back while cleaning a pipe with a chain scraper.
Mr. Loveless was initially seen at Norman Regional Occupational Medicine and was diagnosed with lumbar strain with radicular symptoms on the left side. After a period of conservative treatment, Mr. Loveless had an MRI that indicated a left L5-S1 disc extrusion with compression and displacement of the left S1 nerve root. He was referred to Dr. Kim N. Pratt for further evaluation and treatment. On August 8, 2012, Mr. Loveless underwent a left L5-S1 microdiscectomy. After a period of physical therapy, he reached maximum medical improvement and returned to full work duty with no restrictions effective December 4, 2012.
Issues for Trial. There is no question Mr. Loveless' injury arose out of and during the course of his employment with the City. Therefore,...
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