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RESOLUTION R-1819-57: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING COMPROMISE SETTLEMENT OF THE CLAIM FILED BY LENNY BRIAN MULDER UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASE OF LENNY BRIAN MULDER V. THE CITY OF NORMAN, WORKERS' COMPENSATION CLAIM NO. 2016-04403 Y; 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.
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BACKGROUND: Lenny Brian Mulder is a former fire captain for the Norman Fire Department who filed Workers' Compensation Claim No. 2016-04403 Y on July 8, 2016 alleging cumulative injury to both ears from repetitive exposure to loud noises with last date of exposure June 30, 2016. The case proceeded through the normal litigation process. Prior to a trial being scheduled to determine compensability, Mr. Mulder has agreed to settle this claim in the total amount of $14,659 (10% permanent partial disability plus $4,000, cost of hearing aids and batteries). The settlement offer is being presented to City Council for consideration. It is recommended that this settlement be accepted.
DISCUSSION: Mr. Mulder was a thirty-three (33) year employee of the City of Norman before retiring January 30, 2016. He was hired as a firefighter August 9, 1982 and promoted to fire driver engineer January 19, 1990 and fire captain September 28, 2001.
Due to noticeable hearing changes from the prior year, Mr. Mulder was seen by Dr. Joseph Leonard on February 27, 2002 and sent for an audiogram. He underwent a magnetic resonance imaging (MRI) of the head on March 1, 2002 and results were found to be within normal limits with no acoustic neuroma or associated abnormality. On June 26, 2015, Mr. Mulder underwent an additional audiog...
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