Gabriel Manjarrez Bautista v. Global Paratransit
Jul 15, 2019OUTCOME: Settled for $2,500,000.00
On July 6, 2017, applicant Gabriel Bautista, 42, a driver for Global Paratransit, Inc., was in the course and scope of his employment and was assisting a wheelchair dependent patron into his van in Woo ... dland Hills. The van was subsequently struck by another vehicle, which then struck Bautista. Bautista sustained injuries to his head, chest and back. Bautista sought workers' compensation benefits and filed a workers' compensation claim against Global Paratransit. Bautista also sued the vehicle driver in a third-party claim that settled. Bautista was immediately transferred by paramedics to Northridge Hospital. CT scans showed fracture of the anterior superior endplate T12 vertebral body, as well as posterior spinous process. There was retropulsion of the vertebral body into the spinal canal measuring 14 mm. Bautista also sustained 7th and 12th rib fractures, a pneumothorax with pulmonary contusion, and liver laceration. He also sustained mild traumatic brain injury. Bautista underwent an emergent posterior fusion from T10-L1. After stabilization in the intensive care unit, Bautista was transferred to Acute Rehab at Northridge Hospital. Subsequently, he was transferred to Casa Colina's Transitional Living Center for continued rehabilitation on an outpatient basis. While Bautista made tremendous gains in rehabilitation and is now modified independent, he still experiences ongoing limitations due to dysaesthetic pain, back pain and bilateral hip pain. The parties agreed to settle Bautista's workers' compensation claim for $2.5 million. Bautista received approximately $500,000 up front and the remainder was put into a structured settlement, which guaranteed Bautista approximately $6,300 per month for life. This result was extraordinary in light of the fact that the attorneys at The Law Office of Arash Khorsandi had already secured Bautista a $5.25 million policy limit settlement in his personal injury/third party claim against the driver and there was no employer negligence in this matter.
