Case details

Injured roofer claimed he requires long-term rehabilitation

SUMMARY

$2250000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain damage, brain injury, cognition, concentration, epidural, extradural hematoma, face, facial, fracture, impairment, language, mental, neck, nose, psychological, sensory, speech, traumatic brain injury, vision
FACTS
On Dec. 8, 2018, applicant Mario Corea-Velasquez, 49, a roofer, fell off of a roof while working. He plummeted about 18 feet, landed on the ground, and suffered of his face, his head and his neck. Corea-Velasquez filed a workers’ compensation claim against his employer, Cannedy Roofing Services, which is insured by State Compensation Insurance Fund. He brought a claim in an attempt to collect workers’ compensation benefits., Corea-Velasquez suffered a closed fracture of his right zygomatic arch, which is the prominence of the right cheek; a fracture of hia right orbital rim; a conjunctival hemorrhage of the right eye; a closed fracture of the vault of the skull; a closed fracture of the base of skull; an epidural hemorrhage; a subdural hemorrhage; and a nondisplaced, open fracture of the C7 vertebral facet. His head’s caused a loss of consciousness. Corea-Velasquez was transported to the nearest hospital, where he regained consciousness and remained for three days. He claimed that he continued to experience severe physical pain, memory and attention issues, vestibular dysfunction, an inability to take medication as prescribed, and an inability to follow daily routines after his discharge. Corea-Velasquez’s counsel contended that Corea-Velasquez’s behavior put Corea-Velasquez at risk of hurting himself and that Corea-Velasquez’s confusion and impaired cognition put him in danger of significant re-injury or legal problems. Based on the recommendation of his treating neurosurgeon, Corea-Velasquez was admitted to a neurorehabilitation day treatment program on Feb. 4, 2019. While in the program, Corea-Velasquez underwent treatment that included daily physical therapy, occupational therapy, speech therapy and counseling. The treatment addressed deficits in the areas of mobility, balance, visual function, initiation, attention, concentration, memory, problem solving, expressive and receptive language, and the basic and instrumental activities of daily living. Corea-Velasquez was discharged from the day treatment program on Oct. 27, 2019, and he was transferred to the facility’s supported living program for further rehabilitating treatment and care. Corea-Velasquez’s counsel contended that, based on medical findings, Corea-Velasquez should be considered 100 percent totally and permanently disabled and that Corea-Velasquez will require long-term neurorehabilitation care with treatment in multiple specialties for the foreseeable future. The respondent’s counsel disputed the nature and extent of Corea-Velasquez’s , and asserted that Corea-Velasquez did not require long-term neurorehabilitation care for the foreseeable future.
COURT
Workers' Compensation Appeals Board, CA

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