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CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR ACCEPTANCE OF A COURT ORDER IN THE AMOUNT OF $9,240 REGARDING JAMES DARIN MORGAN VS. THE CITY OF NORMAN, OKLAHOMA WORKERS' COMPENSATION COMMISSION CASE 2019-07496 L.
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BACKGROUND: James Darin Morgan is a police sergeant for the City of Norman's Narcotics Division of the Police Department. Mr. Morgan filed Oklahoma Workers Compensation Commission Case 2019-07496 L on November 26, 2019 alleging cumulative trauma to the bilateral ears with a date of awareness of August 16, 2019 and last date of exposure of September 4, 2019 from repetitive injurious exposure to K-9 barking, SWAT training with firearms, and police vehicle with sirens/radio. The City denied this claim. The case proceeded through the normal litigation process. A trial was held July 20, 2020. On July 27, 2020 the Court found Mr. Morgan hearing loss compensable and awarded 8% permanent partial disability to the bilateral ears for the total sum of $9,240 as well as continuing medical maintenance. It is recommended that the City comply with this Order.
DISCUSSION: Mr. Morgan is a twenty-one (21) year employee of the City of Norman who was hired as a police officer March 12, 1999, reclassified to master police officer September 12, 2003, and police sergeant March 22, 2010.
Due to noticeable hearing changes at work and home the summer of 2019, Mr. Morgan was seen at Oklahoma Otolaryngology Associates on August 23, 2019 and an audiogram dated August 16, 2019 was reviewed revealing bilateral sensorineural hearing loss with left asymmetry, total decibel loss of 35% on the right and 65% on the left. Hearing aids were recommended as well as a magnetic resonance imaging (MRI) of the internal auditory canals due to the asymmetry in hearing loss and bilateral tinnitus. The MRI was performed on September 4, 2019. Mr. Morgan returned to Oklahoma Otolaryngology Associates on September 11, 2019 and it was reported that the MRI study revealed ...
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