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CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR ACCEPTANCE OF A COURT ORDER IN THE AMOUNT OF $33,042.90 REGARDING DERRALD KIZZIA VS. THE CITY OF NORMAN, WORKERS' COMPENSATION COURT CASE NO. WCC 2015-05508 F.
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BACKGROUND: Derrald Kizzia is a heavy equipment operator in the Park Maintenance Division of the Parks and Recreation Department who filed Workers Compensation Case No. 2015-05508 F on August 18, 2015 alleging cumulative injury to both ears (bilateral hearing loss, tinnitus) with the date of awareness on or about January 2014 from exposure to noise from heavy equipment. The City denied this claim. The case proceeded through the normal litigation process. On January 20, 2014 he underwent an audiogram which revealed a total decibel loss of 180 in each ear. A trial was held on December 15, 2015. On December 30, 2015 the Court awarded Mr. Kizzia 31% permanent partial impairment to both ears (bilateral hearing loss, tinnitus) for the total sum of $33,042.90. It is recommended that the City comply with this Order.
DISCUSSION: Mr. Kizzia is a twenty-three (23) year employee of the City of Norman who was hired as a Maintenance Worker I on August 21, 1992 and promoted to Maintenance Worker II on August 6, 1996 and Heavy Equipment Operator on December 27, 2002.
Issues for Trial. The issues tried on December 15, 2015 before the Workers' Compensation Court were permanent partial disability and continued medical maintenance. Permanent partial disability is a factual determination made by the Workers' Compensation court Trial Judge based on doctors' opinions regarding the extent of permanent partial impairment.
Evaluations. Mr. Kizzia was evaluated on July 29, 2015 by Dr. Hugh McClure. Dr. McClure reported that Mr. Kizzia had reached his maximum medical improvement and opined 35.9% binaural hearing impairment to include being fitted with hearing aids in order to maintain and improve his present level of hearing as well as conti...
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