Case details

Bicyclist claimed crash left him totally disabled

SUMMARY

$3150000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain damage, brain injury, depression, head, headaches, insomnia, mental, psychological, sensory, speech, subarachnoid hemorrhage, subdural hematoma, tinnitus, traumatic brain injury
FACTS
On July 29, 2015, applicant Terry Richey, 56, a special education teacher for an Olive Crest treatment center, in Riverside, was in the course and scope of his employment, teaching a behavioral student how to ride a bicycle, when the student rammed into him. Richey was ejected over the handlebars, and his head struck the concrete road, allegedly causing head . Richey filed a workers’ compensation claim against his employer, Olive Crest. He brought a claim against the respondent in an attempt to collect workers’ compensation benefits., Richey sustained blunt force trauma to his head and lost consciousness for an unknown period of time. He was rushed to Riverside Community Hospital, in Riverside, where a CT scan of the head was taken upon admission. The CT revealed subdural and subarachnoid hematomas in the right temporal and right parietal lobes. Richey was diagnosed with a traumatic brain injury; a right, frontal subdural hematoma; a right, temporal and parietal subarachnoid hemorrhage; and tinnitus. Richey was released from the hospital approximately one week later, at which time he underwent physical and occupational therapy on an outpatient basis. He was eventually admitted to a neurorehabilitation facility for multidisciplinary neuro-rehabilitation. The brain bleeds resolved without the need for surgical evacuation. However, Richey claimed that he suffered from post-traumatic headaches, depression, insomnia, obstructive sleep apnea, and obesity related to his decreased ability to exercise as a result of his . On May 2, 2018, his condition was declared permanent and stationary, meaning his medical condition had reached a stable plateau. The applicant’s counsel asserted that, based on the applicant’s experts’ medical findings, Richey should be considered 100 percent totally and permanently disabled. The experts’ reports also indicated that Richey would require long-term care in a structured living environment or some level of home attendant care for the foreseeable future. The respondent’s counsel disputed the nature and extent of Richey’s .
COURT
Workers' Compensation Appeals Board, CA

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