Case details
Construction worker injured on job claimed total disability
SUMMARY
$5784488
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
back, brain, brain injury, coma, fracture, neck, subarachnoid hemorrhage, subdural hematoma, traumatic brain injury
FACTS
On Jan. 14, 2013, applicant Jesse Silva, 36, a construction worker, was struck by a vehicle while working. He suffered of his back, his head, his liver, his neck and his spleen. Silva filed a workers’ compensation claim against his employer, SEMA Construction Inc. He sought recovery of workers’ compensation benefits., Silva suffered an injury of his head. He developed a subarachnoid hemorrhage, a subdural hematoma and resultant damage of his brain. He became comatose. He also suffered fractures of his C7, L4 and T1 vertebrae, grade-3 lacerations of his liver, and grade-2 lacerations of his spleen. Silva was retrieved by an ambulance, and he was transported to a hospital. He regained consciousness and was stabilized. After 47 days had passed, he was transferred to a rehabilitative facility. Silva claimed that he is 100 percent disabled and unable to compete in the job market. He claimed that he requires neurological treatment, orthopedic treatment and provisional home health care. The parties stipulated that Silva’s total disability benefits were $2,121,256.77. Silva sought recovery of that amount and future medical expenses. The defense contended that Silva exaggerated the extent of his residual effects and does not require long-term neurorehabilitation.
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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