Case details

Welder claimed he became disabled from ladder fall

SUMMARY

$2198986

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, chest, cognition, concentration, depression, fracture, head, headaches neck, hearing, impairment, loss of, mental, psychological, rib, sensory, speech, stroke, subarachnoid hemorrhage, subdural hematoma, traumatic brain injury, vertigo, vision
FACTS
On July 2, 2018, applicant Juan Moreno, 53, a welder, was in the course and scope of his employment with Blue Diamond Materials, at a work site in Los Angeles, when he fell off a ladder. Moreno sustained to his head, chest and back. Moreno filed a workers’ compensation claim against his employer, Blue Diamond Materials, which was insured by Liberty Mutual Insurance Co. He brought a claim in an attempt to collect workers’ compensation benefits., Moreno sustained traumatic brain injury with a left, frontal subdural hematoma and a bilateral subarachnoid hemorrhage. He also sustained a right-sided rib fracture with a pulmonary contusion. Moreno was transported by paramedics to Providence Holy Cross Medical Center, in Mission Hills, where he remained unconscious for two days. He later suffered a stroke secondary to the traumatic brain injury. Moreno was ultimately admitted to inpatient multidisciplinary neurorehabilitation at the Centre for Neuro Skills, in Tarzana. He also had various consultations with specialists in the field of brain injury rehabilitation. Moreno claimed that he is left with a neurocognitive disorder, resulting in memory deficits, concentration problems, impaired vision, slurred speech, bilateral hearing loss, post-traumatic headaches, and paroxysmal positional vertigo (dizziness). He also claimed that he continues to suffer from bilateral sixth nerve paresis, left-sided hemiparesis, discogenic lumbar disease, anosmia, post-traumatic stress disorder, and major depressive disorder. In addition, he claimed he suffers from persistent pain throughout his back, neck and shoulders. Moreno’s treating medical providers opined that Moreno would benefit from ongoing supported living services, full-time attendant care at home, and multidisciplinary medical treatment to address his ongoing symptoms for the rest of his life. The respondent’s counsel did not dispute Moreno’s traumatic brain injury. However, counsel disputed the nature and extent of the medical care that Moreno would require in the future.
COURT
Workers' Compensation Appeals Board, CA

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