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RESOLUTION R-1819-73: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING JOINT PETITION SETTLEMENT OF THE CLAIM FILED BY RICHARD HARTLESS UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASE OF RICHARD HARTLESS V. THE CITY OF NORMAN, WORKERS' COMPENSATION COMMISSION CASE NO. 2018-01111 A; 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: Richard Hartless, a former firefighter for the City of Norman Fire Department, filed Workers Compensation Commission Case No. 2018-01111 A on February 26, 2018 alleging an injury to the back while pulling a fire hose on July 24, 2016. The claim was admitted by the City of Norman and it proceeded through the normal litigation process. Prior to a trial being held, Mr. Hartless has agreed to settle this claim in the amount of $5,652.50 representing 5% body as a whole permanent partial disability to the back. The settlement offer is recommended and is being presented to the City Council for consideration.
DISCUSSION: Mr. Hartless was a 31 year employee of the City of Norman who was hired as a Firefighter on July 22, 1985. He separated from employment with the City of Norman, retiring on January 24, 2017.
Medical Treatment. Mr. Hartless was seen by Dr. Penwell the day following his injury. He was treated conservatively to include a brief course of physical therapy. He was sent for a magnetic resonance imaging (MRI) exam of the thoracic lumbar spine on August 11, 2016 which revealed chronic facet joint degenerative changes with no disc herniation. He was referred for orthopedic evaluation by Dr. Fong due to continued symptomatology and was treated conservatively to include ad...
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