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
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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.