Case details

Carpenter claimed he requires future care due to fall from scaffold

SUMMARY

$3500000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
blunt force trauma to the head, brain, brain injury, cervical, frontal lobe contusion, head, neck, sprain, subarachnoid hemorrhage, subdural hematoma, traumatic brain injury, whiplash
FACTS
On Nov. 8, 2014, applicant Apolinar Alcala, 44, a carpenter for Expert Construction, was working on a scaffold when he fell three stories to the concrete ground. He sustained to his head, neck, a shoulder and a knee. Alcala filed a workers’ compensation claim against Expert Construction, which was insured by State Compensation Insurance Fund. He brought a claim against the respondent in an attempt to collect workers’ compensation benefits., Alcala sustained blunt force trauma to his head and lost consciousness. He was emergently transported to the nearest hospital, where he regained consciousness. He underwent a CT of his head, which revealed a left comminuted temporal bone fracture, a left parietal laceration, a subdural hematoma, a left parietal scalp hematoma with subcutaneous emphysema, and a subarachnoid hemorrhage along the right temporal convexity and right tentorial ridge, a contusion of the inferior frontal lobe and temporal lobe on the right side with a 3 millimeter right-to-left shift. A CT of Alcala’s chest also revealed multiple left-sided rib fractures, a pulmonary contusion and a trace left-sided pneumothorax. On Nov. 21, 2014, Alcala was admitted to the acute rehabilitation unit to undergo comprehensive treatment. His care was then transferred to a neurorehabilitation facility for acute rehabilitation services on Dec. 8, 2014. His treating physician, who specialized in physical medicine and rehabilitation, diagnosed Alcala with a traumatic closed head injury with right-sided subdural and subarachnoid hemorrhages, a right inferior frontal/temporal contusion, a cervical strain/whiplash, a history of a left parietal scalp hematoma, a grade 3 acromioclavicular joint separation of the left shoulder, a post-arthroscopy of the left knee, a right sternoclavicular sprain, a history of skull fractures of the left temporal bone to the left sphenoid sinus, chronic pancreatitis and gastritis. Due to a decrease in treatment being administered, Alcala was transferred to another neurorehabilitation facility for post-acute neurorehabilitation treatment on April 11, 2018. There, he underwent interdisciplinary neurorehabilitation treatment that included occupational therapy, speech therapy, physical therapy and neuropsychological counseling. Alcala’s primary treating physician opined that Alcala sustained a traumatic brain injury secondary to a fall. The physician also opined that Alcala suffered from post-concussive syndrome, post-traumatic vestibular dysfunction, multiple orthopedic issues, history of left acromioclavicular joint separation with persistent shoulder pain, persistent right shoulder pain, sensory abnormalities in the upper extremities, insomnia and left knee pain.On Feb. 4, 2020, Alcala was declared permanently disabled and stationary by his treating orthopedic surgeon, who opined that Alcala had reached maximum medical improvement and would require future orthopedic treatment, including a possible surgery. The applicant’s counsel asserted that based on the medical findings, Alcala should be considered 100 percent totally and permanently disabled. Counsel also asserted that Alcala will require long-term neurorehabilitation in multiple specialties with anticipated surgical intervention for the foreseeable future. The respondent’s counsel disputed the nature and extent of Alcala’s . Counsel asserted that Alcala does not require long-term neurorehabilitation in multiple specialties for the foreseeable future and that Alcala will not need surgical intervention in the future.
COURT
Workers' Compensation Appeals Board, CA

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