Case details

Injuries from transformer explosion led to stroke: applicant

SUMMARY

$5000000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
ankle, back, brain, brain injury, depression, distal fibula, encephalopathy, fracture, head, headaches, leg, mental, neck, psychological, sensory, speech, transverse process, traumatic brain injury, vertebra, vertigo
FACTS
On Oct. 5, 2012, applicant Pablo Herrera, 44, a plasma cutter, was working on transformer, while in the course of his employment with Alpert & Alpert Iron & Metal Inc., when the transformer exploded. Herrera sustained to his head and abdomen. Herrera filed a workers’ compensation claim against Alpert & Alpert Iron & Metal Inc. He brought a claim in an attempt to collect workers’ compensation benefits., Herrera sustained a perforated bowel; a transverse process fracture; a complex fracture of the pelvis; a fracture of the right iliac wing with pubic symphysis diastasis; and open comminuted fractures of the right femur, right distal tibia and fibula, and left calcaneus. He also sustained multiple lacerations. As a result of his , Herrera suffered massive blood loss and hypoxia, resulting in a secondary encephalopathic-acquired brain injury. He was transported by paramedics to St. Mary’s Medical Center, in Long Beach, where his were treated. Seven months after the explosion, Herrera suffered a massive cerebrovascular accident while still an inpatient at the acute rehabilitation unit of St. Mary’s Medical Center. A CT scan revealed a large, left-sided intracranial bleed with a midline shift, which required neurosurgery for an evacuation of the hematoma. After surviving the stroke, Herrera did not undergo any additional care for nine months. Herrera claimed that he did not undergo the appropriate care following the stroke because the workers’ compensation insurer refused to pay for that treatment. Herrera’s counsel contended that there was a causal link between Herrera’s elevated risk of cardiovascular and the catastrophic sustained from the explosion. Counsel also contended that physicians declared Herrera permanently and totally disabled. The respondent’s counsel asserted that Herrera’s stroke was not industrially related.
COURT
Workers' Compensation Appeals Board, CA

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