Title
RESOLUTION R-1718-90: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING COMPROMISE SETTLEMENT OF THE CLAIM FILED BY MARK HELM UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASE OF MARK HELM V. THE CITY OF NORMAN, WORKERS' COMPENSATION CASE NO. 2007-07137A; DIRECTING THE LEGAL DEPARTMENT TO THEN FILE SUCH SETTLEMENT AND ALL ATTENDANT COSTS IN THE WORKERS' COMPENSATION COURT, OKLAHOMA CITY, OKLAHOMA; AND AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO SUBSEQUENTLY PURCHASE SUCH WORKERS' COMPENSATION COURT JUDGMENT FROM THE RISK MANAGEMENT INSURANCE FUND.
Body
BACKGROUND: Mark Helm is a retired Firefighter with the Norman Fire Department who filed three workers' compensation claims with the City of Norman for binaural hearing loss, PTSD and the third for multiple body parts. The binaural hearing loss (2007-09629Q) and the multiple body parts (2007-07137A) have been settled and all court awards have been paid in full. The trial court originally awarded Mr. Helm a PPD award in the PTSD claim; however, the Court of Civil Appeals reversed the trial court award and no award was paid on this claim.
Mr. Helm filed a 3E claim in Case No. 2007-07137A for benefits for combined disability against the City of Norman. Because Mr. Helm's first injury (binaural hearing case) was from an awareness date in 2004, he did not meet the criteria for a Multiple Injury Trust Fund (MITF) claim which protects employers from liability for the combination of old and new disabilities. The Oklahoma Legislature had repealed the MIFT in 2004 and did not reinstate it until 2005. Cases of multiple injuries which resulted in greater combined disability were the responsibility of the last employer during this period, thereby triggering a 3E claim.
As the case has proceeded through the litigation process, as well as a Court ordered mediation process, a settlement offer of $75,000 has been made to resolve the case. Ci...
Click here for full text