Case details

Applicant claimed behavioral disability from ladder fall

SUMMARY

$2850000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
behavioral disorder, brain, brain damage, brain injury, coma, mental, psychological, traumatic brain injury
FACTS
On Jan. 27, 2015, applicant Pedro Velasquez, 50, a carpenter, was using a 12-foot ladder on a clubhouse remodeling project in Palm Springs when the top rung of the ladder broke. Velasquez plummeted to the ground and sustained to his head. He claimed he only learned what happened to him through friends who were present on the day of the accident. Velasquez filed a workers’ compensation claim against his employer, Rubalcava Co. Inc., through its claims administrator, American Claims Management Inc. He brought a claim against the respondent in an attempt to collect workers’ compensation benefits. Rubalcava initially disputed the events of the accident., Velasquez sustained blunt force trauma to his head, resulting in a traumatic brain injury. He was rendered unconscious, and was taken to a hospital in San Francisco, where he was admitted and remained in a coma for two weeks. Velasquez claimed that he exhibited behavioral and emotional issues as a result of his brain injury. As a result, he was admitted to a neurological rehabilitation facility, where he claimed he will require ongoing care. Velasquez sought recovery of future medical costs for his neuropsychological and brain care. The respondent’s counsel initially denied that Velasquez required any further medical care.
COURT
Workers' Compensation Appeals Board, CA

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