Case details
Fruit picker claimed work-related head injuries left her disabled
SUMMARY
$1000000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
brain, coma, fracture, head, headaches, skull, traumatic brain injury
FACTS
On June 6, 2017, applicant Antonia Cuevas, 41, a fruit picker, was in the course and scope of her work when her hair became caught in a running conveyor belt. She ultimately sustained to her head. Cuevas filed a workers’ compensation claim against her employer, Salinas Farm Labor Contractor Inc., which was insured by Starr Cos. She brought a claim against the respondent in an attempt to collect workers’ compensation benefits., Cuevas claimed she sustained a skull fracture, resulting in a traumatic brain injury, as well as degloving to her scalp, ears and periorbital regions, extending to the temporomandibular joint. She was taken by paramedics to Doctor’s Medical Center of Modesto, where she was assessed as needing a higher level of care. She was then airlifted to Stanford Medical Center, in Stanford, where she underwent several reparative surgeries, including a scalp replantation, multiple debridements, vein grafts, and complex closures of the face, head and neck. She was then admitted to the surgical intensive care unit for ventilator management and hemodynamic monitoring. Cuevas’ hospital course was complicated by hypotension, acute respiratory distress, delirium and a urinary tract infection. She required emergency intubation during her hospital stay, a transfusion of multiple units of packed red blood cells, fresh frozen plasma and platelets, and leech therapy for venous congestion of the flaps. She also had acute changes in mental status with delirium, and was in a coma and semi-coma for the first couple of weeks of her hospital stay. Cuevas eventually underwent neuro-rehabilitation at the Centre for Neuro Skills, in Emeryville, where she participated in a multidisciplinary, post-acute program that included physical therapy, occupational therapy, speech therapy and counseling. She was eventually transferred to a home and community program. Cuevas claimed that she is left with a neurocognitive disorder and post-traumatic headaches. As a result, she continues to undergo rehabilitation and other conservative care, such as pain management. Cuevas’ counsel asserted that Cuevas remains 100 percent totally disabled. Cuevas sought recovery for her future, on-going medical costs. The respondent’s counsel contended that Cuevas would not need any care in the future.
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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