Case details

Truck driver: Head injuries caused need for continued care

SUMMARY

$3849655

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
amnesia, brain, brain injury, mental, psychological, subdural hematoma, traumatic brain injury
FACTS
In 2013, applicant Eduardo Urbano, 46, a truck driver, drove a truck to a landfill owned by the county of Riverside and was allegedly directed where to park by a foreman at the landfill. As Urbano came to the back of the truck and opened the door, the other door struck him in the head. Urbano filed a civil suit against the county. He alleged that the foreman was negligent and that the worksite of the landfill was negligent for having the parking spaces too close together. The case against the county went to verdict in 2015. The county then appealed the verdict, but the parties ultimately agreed to settle in 2016. Urbano then filed a workers’ compensation claim against his employer and owner of the truck, Burrtec Recovery & Transfer, and the workers’ compensation carrier, New Hampshire Insurance Co. (a subsidiary of American International Group Inc.). Urbano brought the claims against the companies in an attempt to collect workers’ compensation benefits., Urbano sustained an extensive contusion to his head and was subsequently taken to Riverside County Regional Medical Center, in Moreno Valley. At the hospital, he was diagnosed with a right temporal hemorrhage and a subdural hematoma. Three weeks after the event, Urbano underwent a cranioplasty. He then underwent rehabilitation at Casa Colina Hospital and Centers for Healthcare, in Pomona. Urbano claimed that he suffered from amnesia for four weeks after the incident and that he also suffered a seizure disorder. He remained at Casa Colina Hospital for three years. Currently, Urbano is at home with his wife, who cares for him. The applicant’s counsel contended that Urbano requires long-term, institutional or supervisory care. The respondents’ counsel disputed that Urbano required extensive care or that his condition was grave. Counsel also contended that it was fine for Urbano to return home after a short rehabilitation.
COURT
Workers' Compensation Appeals Board, CA

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