Case details

Worksite accident caused brain injury, iron worker alleged

SUMMARY

$5860000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, cognition, depression, double vision, head, headaches ankle, mental, psychological, sensory, speech, traumatic brain injury
FACTS
On July 14, 2012, applicant Gabriel Arzola, 34, an iron worker, was performing his usual and customary duties working for Wagner Steel in Azusa. Subsequently, as he was working at a height, he was struck in the back of the head by a metal pole. Arzola claimed to his head. Arzola filed a workers’ compensation claim against his employer, Wagner Steel, and the workers’ compensation carrier, the State Compensation Insurance Fund. Arzola brought claims against the companies in an attempt to collect workers’ compensation benefits., Arzola lost conscious for about three minutes. He was subsequently transported to Los Angeles County+USC Medical Center, in Los Angeles, where he received emergency medical treatment. Arzola was diagnosed with a post-traumatic brain injury with residual post-concussive syndrome resulting in impaired higher level executive function, double vision (diplopia), and right ankle instability. Arzola underwent an ankle repair, which improved his stability, while his diplopia improved with the use of glasses. He also received aggressive, inpatient rehabilitation and other treatment for his recovery. However, Arzola claimed he continues to suffer from pain, memory and attention impairment, chronic headaches, possible post-traumatic migraines, depression, questionable pituitary dysfunction, and sexual dysfunction. He was ultimately found to be 100 percent disabled in approximately 2014. The applicant’s counsel contended that Arzola’s brain injury is, by and large, “invisible” to the outside world, making it difficult to prove the nature and extent of Arzola’s in the restrictive context of California workers’ compensation. However, Arzola now resides at home and receives supervision from his spouse and caregivers. He also participates in volunteer work as part of his structured day. Defense counsel asserted that Arzola had no brain injury and that Arzola’s other had improved. Counsel also asserted that Arzola should be able to take care of himself and that Arzola did not require care to the extent of damages he alleged. Defense counsel further asserted that Arzola could work in some capacity. In response, Arzola’s counsel contended that recreational volunteer work, which provides structure, is different from Arzola being able to continue working in gainful employment, as Arzola sustained a traumatic brain injury, which impaired his judgment and caused other cognitive impacts. Arzola’s counsel further asserted that Arzola should participate in structured days and that Arzola will require some form of supervisory care for the rest of his life.
COURT
Workers' Compensation Appeals Board, CA

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