Case details
Medical care disputed after construction worker’s fall from roof
SUMMARY
$2269000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
brain, brain injury, cognition, concentration, face, head, headaches, impairment, jaw, mental, nose, psychological, sensory, speech, temporomandibular, tinnitus, TMJ, traumatic brain injury, vision
FACTS
On March 24, 2016, applicant Buenaventura Zepeda, 56, a construction worker, fell off a roof in Apple Valley during the course and scope of his employment with Kustom Roofing. Zepeda claimed to his head and face. Zepeda filed a workers’ compensation claim against his employer, Kustom Roofing, which was insured by State Compensation Insurance Fund. Zepeda sought workers’ compensation benefits., Zepeda suffered a mild traumatic brain injury, a temporomandibular joint (TMJ) disorder and tinnitus. He also suffered pneumomediastinum (a condition in which air is present in the space in the chest between the two lungs) and a traumatic diaphragmatic hernia. His co-workers initially took Zepeda home, but he was then taken to St. Mary Medical Center, in Apple Valley. From there, he was airlifted to Arrowhead Regional Medical Center, in Colton, for a higher level of care. Zepeda was admitted to the hospital for approximately 14 days, during which he underwent the placement of a chest tube as a result of the pneumomediastinum and a surgical repair of the diaphragmatic hernia. He also underwent imaging studies, including a CT and MRI, of the head, but they did not show any evidence of an acute intracranial pathology. He was eventually discharged home without any formal acute rehabilitation, and was recommended to follow-up with various sub-specialties. Despite undergoing conservative care, Zepeda claimed that he suffers from post-concussive syndrome, a mood disorder, a post-traumatic vision disorder and post-traumatic headaches. He also claimed his TMJ disorder continues. In addition, he claimed he continues to suffer from memory problems, decreased concentration, poor sustained attention difficulties, and chronic pain. After two years of conservative care, Zepeda was referred for neurorehabilitation by plaintiff’s counsel, as well as referred for various consults with specialists in the field of brain injury rehabilitation. The medical-legal evaluators opined that Zepeda would benefit from ongoing, supported living services and multidisciplinary medical treatment in order to address the alleged ongoing symptoms for the rest of Zepeda’s life. The respondent’s counsel accepted Zepeda’s , but disputed the nature and extent of the medical care that Zepeda would allegedly require.
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
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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