On Oct. 28, 2013, applicant Richard Hernandez, 50, a warehouse worker, was beaten by a co-worker at Las Vegas/L.A. Express site, in Ontario. Hernandez claimed to his head. Hernandez filed a workers’ compensation claim against his employer, Las Vegas/L.A. Express Inc., and the workers’ compensation carrier, Barrett Business Services Inc. Hernandez brought claims against the companies in an attempt to collect workers’ compensation benefits., Hernandez sustained blunt force trauma to his head, rendering him unconscious for five minutes. He also sustained to his face and teeth. Hernandez was subsequently taken by ambulance to Kaiser Permanente Fontana Medical Center, in Fontana. Due to swelling in the brain, he underwent a craniotomy. Hernandez then underwent for a few years of rehabilitation. The applicant’s counsel contended that while Hernandez seemed fine, his behavior was erratic. Thus, counsel asserted that Hernandez needed to be in a facility that was familiar with behavioral brain and that Hernandez would need home care or extensive, long-term, institutional care for his brain injury. The respondents’ counsel asserted that Hernandez could receive care at home or even at a convalescent home.