Case details

Claimant alleged he requires future medical care in the U.S.

SUMMARY

$4200000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, closed head, cognition, head, headaches, impairment, mental, psychological, sensory, speech, traumatic brain injury, vertigo
FACTS
On July 5, 2017, applicant Angel Figueroa, 37, a construction worker for E&L Construction, was in the course and scope of his employment on a job in Los Angeles when he plummeted 15 feet from a construction beam onto a particleboard landing. He sustained to his head. Figueroa filed a workers’ compensation claim against his employer, E&L Construction, which was insured by State Compensation Insurance Fund. He brought a claim against the respondent in an attempt to collect workers’ compensation benefits., Figueroa claimed he lost consciousness, but it was contested when this happened. Figueroa suffered closed head trauma, resulting in a mild traumatic brain injury, and facial pain and numbness. He was conscious when he was transported by an ambulance to the University of California, Irvine Medical Center, in Orange. En route to the hospital, he scored a 14 on the Glasgow Coma Scale. He also complained of headaches and seemed disoriented. Figueroa underwent neurorehabilitation and neuropsychological testing. His treating neuropsychologist pinpointed Figueroa’s issues, as Figueroa’s issues were not physical. Figueroa claimed that he suffers from occasional vertigo and a sleep disorder, as well as from a post-traumatic headache syndrome due to his tbi. He also claimed he has blurred vision, and cognitive and emotional issues. Figueroa’s counsel contended that Figueroa will need cognition and executive function treatment, as well as a structured day. His counsel also contended that Figueroa will need occasional neurorehabilitation and diagnostic testing over his lifetime. As a result, Figueroa presented a life care plan for his alleged future medical care. Although Figueroa was initially an undocumented immigrant, he was in the process of applying for United States’ citizenship and intends to stay in the U.S. As such, his counsel contended that since Figueroa will need more care during his lifetime, Figueroa is owed the cost of future medical care in the U.S., not Mexico. The respondent’s counsel contended that Figueroa made a miraculous recovery and asserted that $1 million should cover Figueroa’s care since he could return to Mexico.
COURT
Workers' Compensation Appeals Board, CA

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