Title
RESOLUTION NO. R-1314-131: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN OKLAHOMA, AUTHORIZING COMPROMISE SETTLEMENT OF A CLAIM FILED BY JERRY WAYNE YOUNTS UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASE OF JERRY WAYNE YOUNTS V. THE CITY OF NORMAN, WORKERS' COMPENSATION CASE NO. WCC-2013-07227X; 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 JUDGMENTS FROM THE RISK MANAGEMENT INSURANCE FUND.
Body
BACKGROUND: Jerry Wayne Younts is a Heavy Equipment Operator in the Street Maintenance Division of Public Works. He filed Workers' Compensation Claim WCC 2013-07227 X on July 10, 2013, alleging a single incident on May 13, 2013 from lifting bags of concrete mix. The case proceeded through the normal litigation process and, through settlement negotiations, has agreed to settle his claim for the amount of $57,687.80. The settlement offer is being presented to City Council at this time. It is recommended that this settlement be accepted.
DISCUSSION:
Nature of Claim. Mr. Younts is Heavy Equipment Operator in the Street Maintenance Division of Public Works. He was hired on February 18, 1992 as a Maintenance Worker I in Streets. Thereafter, he was promoted to Maintenance Worker II on October 11, 1996 and then to Heavy Equipment Operator on December 6, 1996. On July 10, 2013 he injured his lumbar back while carrying 80 pound cement bags and digging post holes on Johnson Street.
This case proceeded through the normal litigation process. A trial was held on February 12, 2014. The Court awarded permanent partial disability benefits of 40% for the lumbar spine and 15% for the left foot/ankle equating to a total of $75,259.00. The City appealed this award to the Court En Banc on March 7, 2014, and or...
Click here for full text