Case details
Roofer claimed he cannot compete in job market after fall
SUMMARY
$3850000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
brain, concussion, head, traumatic brain injury
FACTS
On Jan. 6, 2020, applicant Esvin Velasquez-Ruiz, 41, a roofer, was in the course and scope of his work when he fell 14 feet from a residential roof in Porterville. He claimed that when he landed on the ground, he sustained to his head and left shoulder. Velasquez-Ruiz filed a workers’ compensation claim against his employer, DH Remodel Services, which was insured by the State Compensation Insurance Fund, a workers’ compensation insurer that was created as a "public enterprise fund" by the state of California, but has partial autonomy from the rest of the state government. Velasquez-Ruiz brought a claim against the respondent in an attempt to collect workers’ compensation benefits., Velasquez-Ruiz landed on the right side of his body and lost consciousness. He was emergently transported to Sierra View Medical Center, in Porterville, which was across the street from the house he was working on. Velasquez-Ruiz regained consciousness and vomited prior to reaching the hospital. Once at the hospital, Velasquez-Ruiz was diagnosed with an acromioclavicular joint separation of the left shoulder and a traumatic brain injury (a concussion). He also complained of tenderness to his neck/cervical spine, and pain to his left ribs and lower back/lumbar spine. After his stay at the medical center, Velasquez-Ruiz was admitted to a neurorehabilitation facility for treatment. Velasquez-Ruiz claimed that has a limited range of motion in his left shoulder due to the AC joint separation. His counsel contended that Velasquez-Ruiz would require lifelong care for his invisible brain injury. However, counsel also contended that Velasquez-Ruiz is unable to compete in the open labor market and that Velasquez-Ruiz is 100 percent totally and permanently disabled. The respondent’s counsel disputed the nature and extent of Velasquez-Ruiz’s alleged . Counsel also contended that Velasquez-Ruiz does not require long-term neurorehabilitation.
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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