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CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR APPROVAL OF A COURT ORDER IN THE AMOUNT OF $24,515.70 REGARDING DAVID R. QUALLS VS. THE CITY OF NORMAN, WORKERS' COMPENSATION COURT CASE NO. WCC-2013-09919X
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BACKGROUND: David R. Qualls was a Fire Captain who filed Workers Compensation Claim WCC 2013-09919X on September 17, 2013, alleging bilateral hearing loss with a last date of exposure on July 17, 2013. The case proceeded through the normal litigation process, and a trial was held on January 22, 2014. The Court Award is being presented to City Council at this time. It is recommended that this Order be accepted.
DISCUSSION: Mr. Qualls was a 33-year employee of the City of Norman Fire Department who retired on July 17, 2013. He began his service with the City on December 12, 1980 as a firefighter. Thereafter, he was promoted to Fire Driver Engineer on June 29, 1988, and to Fire Captain on June 16, 2000.
Nature of Claim. Mr. Qualls filed this Workers' Compensation claim alleging bilateral hearing loss which he attributes to cumulative exposure to sirens, engines and work related noises with a last date of exposure on July 17, 2013.
Issues for Trial. The issues before the Workers' Compensation Court at a trial of this case is the nature and extent of PPD 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. Qualls was evaluated by Dr. M. Stephen Wilson on October 14, 2013. Dr. Wilson opined 24.6% PPD (over and above a 2% previous hearing loss) and 5% PPD for tinnitus to the bilateral ears which is a total of 29.6% PPD and equates to $31,530.64. Dr. Wilson also recommended continued medical maintenance for, provision of and maintenance of, hearing aids. This would be the City's maximum exposure.
The City had Mr. Qualls evaluated by Dr....
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