File #: R-1920-98    Version: 2 Name: Terry Searcy - Workers Compensation Settlement
Type: Resolution WCC Status: Passed
File created: 3/16/2020 In control: City Council
On agenda: 3/24/2020 Final action: 3/24/2020
Title: RESOLUTION R-1920-98: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING SETTLEMENT OF THE CLAIMS FILED BY TERRY SEARCY UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASES OF TERRY SEARCY V. THE CITY OF NORMAN, WORKERS' COMPENSATION COMMISSION CASE 2019-00448 Y AND WORKERS' COMPENSATION COURT OF EXISTING CLAIMS 2019-04001 A; DIRECTING THE LEGAL DEPARTMENT TO THEN FILE SUCH SETTLEMENTS AND ALL ATTENDANT COSTS IN THE WORKERS' COMPENSATION COMMISSION AND WORKERS' COMPENSATION COURT OF EXISTING CLAIMS, OKLAHOMA CITY, OKLAHOMA; AND AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO SUBSEQUENTLY PURCHASE SUCH WORKERS' COMPENSATION COMMISSION AND COURT OF EXISTING CLAIMS JUDGMENTS FROM THE RISK MANAGEMENT INSURANCE FUND.
Attachments: 1. City Council Staff Report, 2. R-1920-98 Searcy
Title
RESOLUTION R-1920-98: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING SETTLEMENT OF THE CLAIMS FILED BY TERRY SEARCY UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASES OF TERRY SEARCY V. THE CITY OF NORMAN, WORKERS' COMPENSATION COMMISSION CASE 2019-00448 Y AND WORKERS' COMPENSATION COURT OF EXISTING CLAIMS 2019-04001 A; DIRECTING THE LEGAL DEPARTMENT TO THEN FILE SUCH SETTLEMENTS AND ALL ATTENDANT COSTS IN THE WORKERS' COMPENSATION COMMISSION AND WORKERS' COMPENSATION COURT OF EXISTING CLAIMS, OKLAHOMA CITY, OKLAHOMA; AND AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO SUBSEQUENTLY PURCHASE SUCH WORKERS' COMPENSATION COMMISSION AND COURT OF EXISTING CLAIMS JUDGMENTS FROM THE RISK MANAGEMENT INSURANCE FUND.

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BACKGROUND: Terry Searcy is a former Heavy Equipment Operator for the City of Norman's Street Maintenance Division of Public Works. On January 23, 2019, he filed Oklahoma Workers Compensation Commission No. 2019-00448 Y, alleging a single incident injury to the left shoulder, left elbow, head, and ribs on or about May 11, 2018, when he fell from his truck after being stung by bees. He then amended the claim on August 23, 2019 to include the back. The claim was accepted and has proceeded through the normal litigation process. Mr. Searcy filed a second claim Oklahoma Workers Compensation Court of Existing Claims Case No. 2019-04001 A on June 21, 2019, alleging cumulative injury of hearing loss and tinnitus with date of awareness of July 2004 and last date of exposure of October 2018 due to continuous exposure to loud noises. The claim was denied and has proceeded through the normal litigation process.

Prior to a trial being held, Mr. Searcy has agreed to settle these claims in the total amount of $45,476.50, which represents 10% ($11,305) whole body (back), 9% ($10,174.50) whole body (Left shoulder), 5% ($5,652.50) whole body (Head), 2% ($1,776.50) Left Arm (Left Elbow) o...

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