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CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR APPROVAL OF A COURT ORDER IN THE AMOUNT OF $29,070 REGARDING LEONARD DON PELFREY VS. THE CITY OF NORMAN, WORKERS' COMPENSATION COURT CASE NO. WCC-2012-13572F.
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BACKGROUND: Leonard Don Pelfrey is a Fire Captain who filed Workers Compensation Claim WCC 2012-13572F on December 3, 2012, alleging injury to his left shoulder on August 3, 2012. The case proceeded through the normal litigation process, and a trial was held on February 6, 2014. The Court Award is being presented to City Council at this time. It is recommended that this Order be accepted.
DISCUSSION: Mr. Pelfrey is a 30-year employee of the City of Norman Fire Department. He began his service with the City on September 2, 1983 as a firefighter. Thereafter, he was promoted to Fire Driver Engineer on February 4, 1999 and to Fire Captain on July 15, 2010.
Nature of Claim. Mr. Pelfrey filed this Workers' Compensation claim on December 3, 2012, alleging a single incident injury on August 3, 2012 to his left shoulder rotator cuff while pulling a hose at a grass fire.
Issues for Trial. The issue before the Workers' Compensation Court at a trial of this case is 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 regarding the extent of permanent partial impairment.
Evaluations. Mr. Pelfrey was evaluated by Dr. J. Arden Blough on November 13, 2013. Dr. Blough opined 40% PPD to the left shoulder (body as a whole) and 32% to the left arm/elbow. That is a total of 72% and equates to $93,024. Dr. Blough also recommended continued medical maintenance. This would be the City's maximum exposure.
The City had Mr. Pelfrey evaluated by Dr. LeRoy Young on January 6, 2014, who opined Mr. Pelfrey has 6% PPD to his left shoulder (body as a whole) which equates to $9,690. Dr. Young did not recommend continued medical main...
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