Facts

While at a company golfing event in Arizona, plaintiff/applicant was a passenger in a golf cart. The driver of the golf cart, the company president, allegedly drove that cart in a negligent manner, causing the applicant to fall out and hit her head on the ground thereby sustaining a minor traumatic brain injury and other orthopedic injuries.

The issue of home healthcare 24 hours a day, 365 days per year was litigated and applicant prevailed at both the trial level, and also at the Workers' Compensation Appeals Board level in defendants Petition for Reconsideration, with the Fourth District Court of Appeals denying a writ of review. 2 of 4 QMEs applied the Kite decision which made permanent disability additive as opposed to applying a Combined Value Chart.

Insurer

Intact Insurance formerly OneBeacon

Settlement Discussions

$30,000 offered in 2016. At mediation, defendants offered $986,000 eventually moving up to $3,250,000 which includes final payment of MSA which is paid by annuity.

Specials in Evidence

Future Meds: $581,000 pursuant to CMS approval of MSA

Result

The case settled for $3,250,000.