Case details
Construction worker claimed he requires future care for TBI
SUMMARY
$2250000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
brain, brain damage, brain injury, cognition, head, headaches, impairment, mental, psychological, traumatic brain injury
FACTS
On March 7, 2017, applicant Mario Jimenez, 35, a construction worker, was in the course and scope of his employment for McGillivray Construction Inc. when a 25-foot streetlight post fell and struck him on the back of the head. Jimenez sustained to his head and hand. Jimenez filed a workers’ compensation claim against his employer, McGillivray Construction Inc. He brought a claim against the respondent in an attempt to collect workers’ compensation benefits., Jimenez claimed he sustained a traumatic brain injury. He was rushed to Ventura County Medical Center, in Ventura, where he was diagnosed with a scalp laceration and deformities in his left hand. Jimenez eventually required an amputation of the third digit on his left hand. He also underwent a course of neurorehabilitation to cure and relieve him of the symptoms related to his alleged mild TBI. According to Jimenez’s counsel, Jimenez exceeded in the cognitive module, graduated from neurorehabilitation and made a good functional recovery. Counsel also asserted that as a result of Jimenez’s participation in multi-disciplinary neurorehabilitation, Jimenez gradually acquired the necessary skills and simple strategy points to continue improving and maintain his progress. However, Jimenez’s counsel asserted that Jimenez continues to suffer from mood disorder, depression, and chronic pain secondary to his TBI. The respondent’s counsel disputed the seriousness of Jimenez’s alleged , asserting that there was no radiographic evidence of a traumatic brain injury. However, Jimenez’s counsel asserted that the “invisible” injury was originally underestimated and improperly dismissed, which caused Jimenez’s medical treatment to be prematurely curtailed despite his ongoing symptoms.
COURT
Workers' Compensation Appeals Board, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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