United States Fire Insurance v. W.C.A.B. (Kamakeeaina, Alexander), Lexis Advance
Jun 04, 2018OUTCOME: 100% permanent disability plus $10k payment / month for HHC
Took denied claim and through over ten years of litigation, obtained 100% PD result and an additional stipulation to pay injured worker over $10,000 PER MONTH for the rest of his life for the home heal ... th care denied to him for years by Adjuster Carroll Shapiro of Crum and Forster. (This is a very unusual result) Permanent Disability—Rating—Permanent Total Disability—Medical Treatment—Home Health Care Services—WCAB affirmed WCJ’s finding that applicant was permanently totally disabled “in accordance with the fact” under Labor Code § 4662(b), without basis for apportionment, from industrial injuries incurred on 11/23/2006 resulting in quadriparesis and rendering applicant wheelchair bound, when agreed medical examiner determined that applicant was likely unemployable given his ongoing pain, need for heavy narcotic medication, significant neurologic deficit in his lower extremities, and bowel and bladder dysfunction. Medical Treatment—Home Health Care Services—WCAB affirmed WCJ’s finding that defendant was liable for applicant’s home health care beginning 14 days before receipt of agreed medical examiner’s 2010 report, wherein agreed medical examiner clearly stated that applicant, who was almost completely paralyzed and wheelchair bound following 11/23/2006 industrial injuries, would need home health care attendant for remainder of his life and recommended that assessment be provided as to his specific home health care needs, when WCAB concluded that...
