Case details
Roofer claimed he needs future care after fall from roof
SUMMARY
$6000000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
anxiety, brain, brain damage, brain injury, cognition, depression, epidural, extradural hematoma, face, facial bone, fracture, head, headaches, hearing, impairment, insomnia, loss of, mental, nose, psychological, scapula, sensory, shoulder, skull, speech, subdural hematoma, tinnitus, traumatic brain injury, vision
FACTS
On April 9, 2012, applicant Miguel Ortiz, 31, a roofer, was the course and scope of his employment with Wolfe Roofing, on a job in Los Angeles County, when he fell approximately 10 feet off a roof and landed on concrete below. Ortiz filed a workers’ compensation claim against his employer, Wolfe Roofing, and the workers’ compensation carrier, State Compensation Insurance Fund. Ortiz brought a claim against the respondents in an attempt to collect workers’ compensation benefits., Ortiz sustained left-sided skull fractures and a basilar skull fracture, which is a break of a bone in the base of the skull, resulting in an intracranial hemorrhage and a traumatic brain injury. He also sustained a facial bone fracture and scapular fracture. Upon arriving at the emergency room of Northridge Hospital Medical Center, in Northridge, Ortiz was determined to have a Glasgow Coma Scale of 12. A CT scan of the chest, abdomen, and pelvis revealed a non-displaced fracture of the left scapular, and an additional CT scan of the head revealed extensive comminuted fractures of the left parieto-temporal bone, extending to the skull base, and large left scalp hematoma. A repeat CT scan revealed an increase in the epidural hematoma and subdural hematoma. As a result, Ortiz underwent an emergent, left frontotemporal craniotomy with evacuation of the left-sided, acute hematoma with mass effect. He also underwent a cranioplasty for repair of the skull flap and extensive skull fractures on the left side. Ortiz was then admitted to the intensive care unit, while receiving transitional ventilator support, but was subsequently weaned off ventilator support and was extubated. Ortiz was later transferred to the acute rehabilitation unit for continued care. Upon discharge, he was admitted to a home and community program, and, later, to a cutting-edge rehabilitation facility to participate in a modified inpatient program. Ortiz now suffers from cognitive impairment, executive dysfunction, headaches, insomnia, erectile dysfunction, impaired mobility, depression, anxiety, tinnitus, impaired speed of information processing, vision impairment, decreased hearing acuity, and loss of libido. In addition, due to the ordeal of his brain injury, Ortiz’s wife eventually left him a single dad to two young children. According to the plaintiff’s attorney, upon her firm being substituted into the matter, she was able to have Ortiz receive optimal medical care and indemnity at the appropriate rate by having him admitted to Centre for Neuro Skills, in Los Angeles, for multidisciplinary rehabilitation. She also claimed that, through workers’ compensation, she was able to almost double the value of Ortiz’s average weekly wages and secure homecare for Ortiz and childcare for his children, as Ortiz was a single dad. The plaintiff’s treating doctors opined that Ortiz would continue to require supportive living services, occupational therapy for vision exercises, as well as neuropsychological counseling. Ortiz was also evaluated by an agreed upon medical evaluator in neurology, who opined that Ortiz had lost all future earning capacity and was not eligible for vocational rehabilitation services, as he is not employable.
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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