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CONSIDERATION OF THE CITY ATTORNEY'S RECOMMENDATION FOR APPROVAL OF A COURT ORDER IN THE AMOUNT OF $16,957.50 REGARDING KYLE L. BERNHARDT V. THE CITY OF NORMAN, WORKERS' COMPENSATION COMMISSION CASE 2018-00235 R (BACK).
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BACKGROUND: Mr. Bernhardt is a fire driver engineer for the Norman Fire Department. He filed a Worker's Compensation Commission claim on January 12, 2018, alleging a single incident injury to the low back picking up a hose on November 24, 2017. The City admitted the claim and it proceeded through the normal litigation process. A trial was held on June 24, 2019. On June 27, 2019, the Commission awarded Mr. Bernhardt 15 percent permanent partial disability (PPD) to the back in the total amount of $16,957.50 to be paid at a weekly rate of $323.00 commencing June 19, 2018, until the entire award is paid. It is recommended that the City comply with these Orders.
DISCUSSION: Mr. Bernhardt is a nine (9) year employee of the City of Norman who was hired as a firefighter June 7, 2010, and was promoted to fire driver engineer March 8, 2019.
Medical Treatment. Mr. Bernhardt was initially seen in the emergency room the day of the injury. He followed up with Dr. Stanek and was given restrictions and treated conservatively with medication and physical therapy. An MRI was ordered and revealed a large right L4-L5 disc herniation with L5 nerve root compression. Mr. Bernhardt was referred to neurosurgeon Dr. Hisey and a minimally invasive right L4-L5 decompression and discectomy was recommended. Mr. Bernhardt was seen, by Court Order, for a change of physician, by Dr. Hume on March 6, 2018. On March 16, 2018, Mr. Bernhardt underwent surgery on his back to include a laminectomy at L4-5 with removal of extruded disc fragment followed by an intramuscular steroid injection on April 10, 2018, and postop physical therapy. He was released maximum medical improvement on June 19, 2018, with no restrictions and returned to work the following...
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