Case details
Caregiver claimed client’s attacks caused strokes
SUMMARY
$1000000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
back, brain, brain injury, cognition, depression, impairment, mental, neck, psychological, stenosis, stroke
FACTS
On Jan. 13, 2016, applicant Sooren “Sam” Ohanian, 60, a personal driver and caregiver for Donald Simon, unknowingly suffered a stroke while he was driving to retrieve medication for Simon. Since he was unaware of the stroke, Ohanian continued to Simon’s home. Ohanian claimed that Simon attacked him with his cane, even though Ohanian was driving, and that the heightened stressful environment of giving care to Simon contributed to factors that resulted in subsequent strokes. Ohanian filed a workers’ compensation claim against his employer, Simon. Ohanian brought a claim against Simon in an attempt to collect workers’ compensation benefits from Simon’s insurer. The claim was denied by Simon’s worker’s compensation carrier., Ohanian suffered a stroke. He then suffered another stroke after being admitted to a nearby medical center. He was transferred to a skilled nursing facility, where Ohanian was reported as having a constant cough, pain in his left shoulder and depression. He was also reported as having episodes of choking on his own saliva after eating and becoming pale. Once admitted to a neurorehabilitation facility, it was noted that Ohanian had regressed in his clinical condition. Ohanian was determined to be alert and oriented, but forgetful, and he had difficulty following instructions. He was also often inconsistent with answers when asked questions. At discharge, Ohanian’s comprehension and expression were still impaired. Ohanian’s counsel contended that Ohanian now suffers from hyperglycemia, diabetic erectile dysfunction, hyperlipidemia, a major depressive disorder, urinary incontinence, gastroesophageal reflux disease, obtrusive sleep apnea, hypoxemia events, left-sided weakness, lumbar stenosis, a neurogenic bladder with overactive bladder, a neurogenic bowel, chronic fatigue, diabetes mellitus, hypertension and impaired cognition. Counsel also contended that Ohanian has decreased balance with increased risk for falls. Ohanian’s counsel asserted that, based on the medical findings, Ohanian should be considered 100 percent totally and permanently disabled. Counsel also asserted that Ohanian requires long-term neurorehabilitation care for the foreseeable future, as well as other additional services, including therapy, psychological treatment and home care Simon’s workers’ compensation carrier denied Ohanian’s claim, asserting that Ohanian did not need additional services and that the stroke was nonindustrial.
COURT
Workers' Compensation Appeals Board, CA
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