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CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR APPROVAL OF A COURT ORDER IN THE AMOUNT OF $19,249.22 REGARDING ROBERT PACK V. THE CITY OF NORMAN, WORKERS' COMPENSATION COMMISSION CASE 2017-06285 R (LUMBAR SPINE).
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BACKGROUND: Mr. Pack is a heavy equipment operator in the Street Maintenance Division of the Public Works Department. He filed a Worker's Compensation Commission claim on February 27, 2017 alleging a single incident injury to the low back from shoveling sand and scooping on September 28, 2015. The City admitted the claim and it proceeded through the normal litigation process. A trial was held on February 5, 2019. On February 19, 2019, the Commission awarded Mr. Pack 15 percent permanent partial disability (PPD) to the lumbar spine in the amount of $16,957.50 to be paid at a weekly rate of $323 commencing January 8, 2018, until the entire award is paid and an additional $1,500 due to disfigurement for a total amount of $18,457.50. On February 27, 2019, an Order Nunc Pro Tunc was filed due to scrivener's error in Paragraph II #2. It is recommended that the City comply with these Orders.
DISCUSSION: Mr. Pack is a seventeen (17) year employee of the City of Norman who was hired as a Maintenance Worker I on February 5, 2002 and was promoted to a heavy equipment operator November 15, 2002.
Medical Treatment. Mr. Pack was initially seen by Dr. Penwell and treated conservatively to include medications and physical therapy. A magnetic resonance imaging (MRI) exam of the lumbar spine was ordered and he was referred to Dr. Harris for orthopedic evaluation and treatment on January 14, 2016. The MRI on October 9, 2015 revealed multilevel degenerative disc disease more prominent at L4-L5. Dr. Harris referred Mr. Pack to Dr. Guerra for interventional pain management and underwent a series of lumbar epidural steroid injections and also a lateral recess block without significant improvement. On September 19, 2016, he was sent for...
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