Case details

Forklift operator claimed head injury requires future care

SUMMARY

$3000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain damage, brain injury, concussion, elbow, fracture, head, nerve, neurological, olecranon, sensory, speech, traumatic brain injury, vestibular deficits
FACTS
On May 23, 2017, applicant Melvin Vasquez, 36, a forklift operator for Estenson Logistics, LLC, was working at a construction site in Tarzana. As he was seated in the metal basket of a forklift, while in the course and scope of his employment, the forklift tipped over, causing the back of his head to strike the metal inside the basket. Vasquez sustained to his head and left elbow. Vasquez filed a workers’ compensation claim against his employer, Estenson Logistics, LLC, which was insured by XL Speciality Insurance Co., which was administered by Gallagher Bassett Services Inc., a workers’ compensation claims service provider. He brought a claim against the respondent in an attempt to collect workers’ compensation benefits. The parties disputed whether Vasquez was wearing a seat belt at the time of the accident. Vasquez maintained that he had it fastened, while representatives of Estenson Logistics asserted that Vasquez did not have it fastened., Vasquez sustained a mild traumatic brain injury, a left olecranon fracture and an ulnar nerve injury to his left elbow. He also sustained a laceration on the side of his head. Vasquez was taken to a hospital, where he was treated and released. He claimed that as a result of his head injury, he suffers from post-concussive syndrome and vestibular dysfunction, which includes dizziness, vertigo and imbalance. He also claimed that he suffers from post-traumatic stress disorder as a result of the incident. Vasquez underwent hormone replacement therapy. He also had neuropsychological appointments in Spanish with a bilingual neuropsychological treater, as Vasquez’s counsel contended that the treatment was found to be more effective when done in Vasquez’s native tongue. Vasquez’s treating physician opined that Vasquez would need more neurorehabilitation and some form of structure for the rest of his life. The agreed-upon medical evaluator agreed that Vasquez would need some level of care for the rest of his life. The defense’s counsel disputed the findings of Vasquez’s treating physician. Counsel also contended that Vasquez had recovered and could return to work.
COURT
Workers' Compensation Appeals Board, CA

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