File #: R-1819-107    Version: 2 Name: Workers' Comp Settlement - Justin Burright CM-2017-00238K
Type: Resolution WCC Status: Passed
File created: 4/29/2019 In control: City Council
On agenda: 5/14/2019 Final action: 5/14/2019
Title: RESOLUTION R-1819-107: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING JOINT PETITION SETTLEMENT OF THE CLAIM FILED BY JUSTIN BURRIGHT UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASE OF JUSTIN BURRIGHT V. THE CITY OF NORMAN, WORKERS' COMPENSATION COMMISSION CASE NO. 2017-00238 K; 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. R-1819-107 Burright cc5-14-19, 3. Burright - PR - Sttlmt cc5-14-19
Title
RESOLUTION R-1819-107: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING JOINT PETITION SETTLEMENT OF THE CLAIM FILED BY JUSTIN BURRIGHT UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASE OF JUSTIN BURRIGHT V. THE CITY OF NORMAN, WORKERS' COMPENSATION COMMISSION CASE NO. 2017-00238 K; 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: Justin Burright, a firefighter for the City of Norman Fire Department, filed Workers Compensation Commission Case No. 2017-0038 K on January 12, 2017 alleging a single incident injury to the left shoulder stepping off a truck on November 29, 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. Burright has agreed to settle this claim in the total amount of $12,435.50 which represents 11% permanent partial disability to the body as a whole. The settlement offer is being recommended and is being presented to the City Council for consideration.

DISCUSSION: Mr. Burright is a 19-year employee of the City of Norman who was hired as a firefighter on October 18, 1999.

Medical Treatment. Mr. Burright was initially seen by Kim Wiese, PA-C the date of the injury and was treated conservatively. Due to continued symptomology, he was sent for a magnetic resonance imaging (MRI) exam of the left shoulder on December 15, 2016 which revealed an irregular tear superior labrum at the level of bicipital anchor, representing a tear. Mr. Burright was referred to David Bobb, M.D. and surgery was recommended. He underwent left shoulder arthroscopy surgery on January 6, 2017. Postoperatively he was placed in a sh...

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