Case details
Ongoing care required after forklift crushed arm: applicant
SUMMARY
$1500000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
arm, brain, brain injury, crush injury, depression, mental, psychological, traumatic brain injury
FACTS
On May 20, 2019, applicant Daniel Suarez, 32, a forklift operator, was in the course and scope of his work when his forklift’s brakes reportedly failed. As a result, he was ejected onto the loading dock, where the forklift crushed his left upper extremity. Suarez sustained to his head and left arm. Suarez filed a workers’ compensation claim against his employer, Swipe Holdings Corp. (doing business as PLI Marketing Solutions), which was insured by Hartford Insurance Group. He brought a claim against the respondent in an attempt to collect workers’ compensation benefits., After a prolonged extraction to get his arm out from under the forklift, Suarez was taken to LAC+USC Medical Center, in Los Angeles. Upon admission, he was determined to have struck his head in the accident and sustained superficial abrasions to both lower extremities. He was also assessed to have a near complete traumatic amputation of his left arm through the mid-humerus with grossly exposed muscle and comminuted fracture fragments. Suarez was taken to the operating room for revascularization, irrigation and debridement, as well as packing of all transacted structures and an open reduction and internal fixation with eight centimeters of shortening of the left humerus. However, attempts to salvage the limb failed, and Suarez underwent a transhumeral amputation (an above-the-elbow amputation) of his left upper extremity. The following week, he underwent a procedure for a wound dehiscence. Suarez was eventually entered into multidisciplinary rehabilitation and fitted for a state-of-the-art myoelectric prosthetic arm. Suarez claimed that in addition to his arm , he sustained a mild traumatic brain injury. He alleged that as a result, he now suffers from post-concussive syndrome. In addition, he claimed that he continues to suffer from post-traumatic stress disorder, depression and phantom pain syndrome. At the time of his , Suarez was living with his mother in Upland. He now continues to live with his mother and has a good support system in his mother and brother. Suarez claimed that while he had an exceedingly difficult recovery, both physically and psychologically, he is now doing well, but is still permanently disabled. Suarez sought recovery for his ongoing future medical care, which would include aftercare with a prosthetist and pain management. The respondent’s counsel contended that Suarez would not require any further care and disputed Suarez’s alleged need for ongoing medical attention.
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
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- mental
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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