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RESOLUTION R-1819-64: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING COMPROMISE SETTLEMENTS OF THE CLAIMS FILED BY WILLIAM ATTEBERRY UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASES OF WILLIAM ATTEBERRY V. THE CITY OF NORMAN, WORKERS' COMPENSATION COMMISSION CASE NOS. 2015-06559 Q AND 2016-05332 L; DIRECTING THE LEGAL DEPARTMENT TO THEN FILE SUCH SETTLEMENT AND ALL ATTENDANT COSTS IN THE WORKERS' COMPENSATION COMMISSION, OKLAHOMA CITY, OKLAHOMA; AND AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO SUBSEQUENTLY PURCHASE SUCH WORKERS' COMPENSATION COMMISSION JUDGMENT FROM THE RISK MANAGEMENT INSURANCE FUND.
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BACKGROUND: William Atteberry is a former fire captain for the City of Norman Fire Department. He was hired as a firefighter on December 18, 1981, promoted to fire driver engineer January 19, 1990 and fire captain, March 27, 1997. Mr. Atteberry filed a workers' compensation claim with the Workers' Compensation Commission on October 5, 2015, alleging a single incident injury to the neck while fighting a grass and structure fire on February 17, 2014. On August 16, 2016, he filed a second claim alleging a single incident injury to the left shoulder during training on December 14, 2015. Mr. Atteberry medically retired June 11, 2016 after 34 years of employment. The City admitted both claims and they proceeded through the normal litigation process. Prior to a trial being scheduled to determine compensability, Mr. Atteberry has agreed to settle both claims in the total amount of $23,740.50. The settlement offer is being presented to City Council for consideration. It is recommended that this settlement be accepted.
DISCUSSION:
CM 2015-06559 Q (Neck)
Mr. Atteberry was initially seen at Norman Regional Hospital on February 18, 2014 due to pain and was treated with pain medication and discharged to light duty. On February 20, 2014, he was seen by Dr. Bobb for muscle spas...
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