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Employment Law
Workers' Compensation
Brain Injury

Doe v. Willie's Painting, State Compensation Insurance Fund

Published: Feb. 25, 2012 | Result Date: Jan. 25, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 2137779 Settlement –  $8,900,000

Court

Workers' Compensation Appeals Board


Attorneys

Plaintiff

Christopher A. Asvar
(Asvar Law PC)


Defendant

Gary D. Cunial


Facts

On May 5, 2004, plaintiff, a few weeks into his employment as a house painter, fell from a scaffold some twenty feet high and sustained a head injury as well as orthopedic injuries on the right side of his body.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff prevailed on the contention that this was a life-changing event leading to severe and substantial cognitive impairments requiring life-long rehabilitation and one-to-one care.

DEFENDANT'S CONTENTIONS:
Defense accepted the claim but initially questioned the nature and extent of the injury and need for lifetime medical treatment, but as the case developed evidence was confirmed by an Agreed Medical Examiner.

Injuries

Plaintiff claims to have experienced serious cognitive dysfunction/emotional disorder with intense post-traumatic headaches that continue to this day.

Result

The case resolved for an $8.9 million structured settlement.


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