Broken Arrow City Council
Meeting of: 07-05-2016
To: Mayor and City Council
From: Office of the City Manager
Title:
title
Ratification of Workers’ Compensation Compromise Settlement for Daniel Haas, a former Fire Department Employee
End
Background:
On November 9, 2015, the City Council approved a Workers’ Compensation Court Order for Daniel Haas in the amount of $16,150.00 which represented a 10% permanent partial impairment to the low back. Included in that Order was a credit to the City for overpayment of temporary total disability payments (TTD) totaling $5,723.71.
At the hearing, the City also had argued that an additional credit of TTD overpayment should be granted due to outside employment performed by Mr. Haas while receiving TTD payments. The Court Order held that issue in reserve for a future hearing.
In late November 2015, the Court denied the City’s claim for the additional TTD credit. That decision was appealed by the City.
Prior to that appeal being heard, the parties agreed to a Compromise Settlement for the entire claim. That settlement provided an additional $1,000 payment to Mr. Haas. As a result of the Settlement, the City’s appeal was withdrawn and Mr. Haas agreed that his entire claim against the City was resolved and that he was barred from seeking any additional medical treatment and any temporary or permanent partial disability benefits from the City.
The City’s attorney recommended the settlement, the staff agreed and the Joint Petition Order was approved by the Workers’ Compensation Court on June 16, 2016. Staff recommends the City Council ratify the Compromise Settlement.
Cost: $1,000 in addition to the October 7, 2015 Court Order
Prepared By: Jannette McCormick, Acting Human Resources Director
Reviewed By: Finance Department
Assistant City Manager - Administration
Legal Department
Approved By: Michael L. Spurgeon, City Manager
Attachments: Daniel Haas Workers’ Joint Petition Order
Recommendation:
Ratify the Workers’ Compensation Compromise Settlement for Mr. Haas, a Fire Department employee.