ITEM TITLE:
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Consider adopting a resolution ratifying the action of the Deputy City Attorney and the City Manager in making payment on the judgment in the amount of $34,650.00, in the Workers' Compensation case of Thad R. Hulbert in the Oklahoma Workers' Compensation Commission, Case No. CM3-2022-05003K.
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INITIATOR: City Attorney, John Andrew
STAFF INFORMATION SOURCE: Assistant City Attorney, Garrett Lam
BACKGROUND: This matter involves the Workers' Compensation claim of Thad R. Hulbert, a previous City of Lawton, Firefighter, who alleges an injury to his right leg (knee) on July 2, 2022, when employed by the City of Lawton, Fire Department. On July 31, 2024, Administrative Law Judge P. Blair McMillin of the Oklahoma Workers' Compensation Commission entered an Order awarding the employee 35% percent permanent partial disability to the right leg (knee), in the total amount of $34,650.00, including $6,930.00 as attorney’s fee and a $1,039.50 multiple injury trust fund assessment. It was the opinion of the City's Workers' Compensation attorney that the award was consistent with the medical evidence and that there is no salient basis for an appeal. Because the Workers' Compensation Commission has expressed some concern in the past about cities holding judgments pending review by City Councils, it was the opinion of the City Attorney that the judgment should be paid in an effort to protect the City's own-risk status.
EXHIBIT: Resolution No.__________
KEY ISSUES: N/A
FUNDING SOURCE: Sinking Fund
STAFF RECOMMENDED COUNCIL ACTION: Adopt a resolution ratifying the action of the Deputy City Attorney and the City Manager in making payments of the judgment in the amount of $34,650.00, in the Oklahoma Workers' Compensation Commission case of Thad R. Hulbert, Case No. CM3-2022-05003K.