LEGISLATIVE RESEARCH CENTER
File #: 16-733    Name:
Type: General Business Status: Tabled
File created: 6/27/2016 In control: Broken Arrow City Council
On agenda: 7/5/2016 Final action: 7/5/2016
Title: Consideration, discussion, and possible action on a Workers' Compensation Court Order for Ruby "Gina" Orey, former Utilities Department Employee, including approval of the Order, authorization for payment or direction to appeal
Attachments: 1. Workers' Compensation Court Order

Broken Arrow City Council

                                                                                               Meeting of: 07-05-2016

                                                                                    

To:                     Mayor and City Council

From:                     Office of the City Manager

Title: 

title

                     Consideration, discussion, and possible action on a Workers’ Compensation Court Order for Ruby “Gina” Orey, former Utilities Department Employee, including approval of the Order, authorization for payment or direction to appeal

End

Background:

The City received an Oklahoma Workers’ Compensation Court Order for Ruby “Gina” Orey.  Ms. Orey was employed from March 3, 1997 to June 22, 2001.  The last position she held was a Meter Reader in the Utilities Department. The Court Order is presented for the City Council’s approval.

 

Ms. Orey injured her lower back on September 19, 2000 during the course of her employment which an award of 21% permanent partial disability was awarded.  In addition, on September 23, 2011 an order was entered finding Ms. Orey sustained a change in physical condition for the worse to the lumbar spine and on July 30, 2012 an order was entered finding that she sustained consequential injury to the left shoulder, lower back, psychological overlay, right foot, left hand and right hand. 

 

The latest court order on June 14, 2016 found that Ms. Orey sustained a change in physical condition for the worse to the low back and left shoulder. As a result of the change of condition for the worse, the court found that Ms. Orey is now totally and permanently disabled and the City shall pay $269.40 per week from May 29, 2015 and continuing until further order of the court.  In addition, the City shall provide Ms. Orey with continuing medical maintenance for prescription medications.  Mediation to settle the claim was offered to Ms. Orey; however, her demands were too high for consideration.  A lump sum payment of $14,763.12 must be paid for the accrued portion of this award. 

 

The Court also awarded attorney’s fees in the amount of $26,940.00.  Although the Order provided that this was to be paid at the rate of 20% of each weekly payment to Ms. Orey, the City’s worker’s compensation attorney has no problem with a lump sum payment.  This will save administrative costs and is reflected on the Claims List.

 

The order directs the City to pay taxes in the sum of $405.98 and a filing fee in the sum of $130.00.  These amounts will be placed on the payment list for council approval.

 

Due to the significance of this Order, an item has been placed on Executive Session for the Council’s consideration.  Staff recommends that this item be tabled until after the closed session.

 

Cost:                                                                $15,299.10 (accrued payment); $14,008.80 annually (excluding medical maintenance)

Prepared By:                                           Jannette McCormick, Acting Human Resources Director

Reviewed By:                                          Assistant City Manager - Administration
                                    Legal Department
                                                                       

Approved By:                      Michael L. Spurgeon, City Manager
                                   

Attachments:                                          Workers’ Compensation Court Order                                  
                                   

Recommendation:

As the City Council directs.