File #: R-1819-69    Version: 2 Name: Workers' Comp Settlement - Donald Paczosa CM 2016-08419 F
Type: Resolution WCC Status: Passed
File created: 1/16/2019 In control: City Council
On agenda: 1/22/2019 Final action: 1/22/2019
Title: RESOLUTION R-1819-69: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING JOINT PETITION SETTLEMENT OF THE CLAIM FILED BY DONALD E. PACZOSA UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASE OF DONALD E. PACZOSA V. THE CITY OF NORMAN, WORKERS' COMPENSATION COMMISSION CASE NO. 2016-08419 F; 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.
Attachments: 1. Text File, 2. Paczosa - R-1819-69 CC-1-22-19, 3. Paczosa -R-1819-69 PR CC-1-22-19
Title
RESOLUTION R-1819-69: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING JOINT PETITION SETTLEMENT OF THE CLAIM FILED BY DONALD E. PACZOSA UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASE OF DONALD E. PACZOSA V. THE CITY OF NORMAN, WORKERS' COMPENSATION COMMISSION CASE NO. 2016-08419 F; 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: Donald Paczosa is a Maintenance Worker II with the City of Norman's Parks and Recreation Department. He was hired on August 6, 2013 as a Maintenance Worker I and promoted September 23, 2016. Mr. Paczosa filed a workers compensation claim with the Workers' Compensation Commission on December 23, 2016, alleging a single incident injury to the right shoulder, right arm on April 14, 2016 while lifting a baseball field drag into a Toro. The City admitted this claim and it proceeded through the normal litigation process. In lieu of a trial being held to determine compensability, Mr. Paczosa has agreed to settle this claim in the total amount of $15,827 (14% permanent partial disability to the whole body). The settlement offer is recommended and is being presented to City Council for consideration.

DISCUSSION: Mr. Paczosa was seen by Dr. Penwell the date of injury. He was then referred for orthopedic evaluation by Dr. Ringus following magnetic resonance imaging (MRI) exams performed on April 15, 2016 for the right humorous and elbow. After Dr. Ringus' review of the MRIs, Mr. Paczosa underwent right shoulder arthroscopy on May 5, 2016 followed by rehabilitative course of post-operative physical therapy and was released, having achieved maximum medical improvement, with no restri...

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