$320,000
Romero vs. Casimiro
CASE WON: Tree Trimmer Electrocution (Death Claim)
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$320,000 (Maximum Death Benefits): Mr. Romero
CASE WON: Maximum Death Benefits for Dependents of Tree Trimmer
On July 28, 2012, Mr. Romero, a 35-year old tree trimmer, was trimming a palm tree when a palm frond made contact with an energized 16,000-volt electric line. Unfortunately, Mr. Romero was electrocuted and pronounced dead at the scene.
Mr. Romero was hired by the homeowners’ gardener who did not carry worker compensation insurance. The gardener provided gardening services to the homeowners, including tree trimming. The gardener denied he had hired Mr. Romero. The case proceeded to trial on the issue of employment.
On October 18, 2018, the court found that the uninsured gardener had hired Mr. Romero. On March 5, 2020, I negotiated a settlement on behalf of his wife Estela, and their three daughters, with the Uninsured Employer Fund for $320,000 (maximum death benefits).
Total Death Benefits
Polanco vs. Macy
TRIAL: Crushed by Cardboard Compactor
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Total Death Benefits: Polanco vs. Macy
TRIAL: Crushed by Cardboard Compactor
At trial, the defendant alleged that Mr. Polanco intentionally jumped into a cardboard compactor. I was successful at presenting credible evidence that Mr. Polanco had fallen in by accident. The judge found Mr. Polanco’s wife to be a total dependent, and his adult son a partial dependent.
$588,225
Gallegos vs. Cadbury Schweppes Holdings
SETTLEMENT: Crushed by Elevator Hoist
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$588,225 (Total Death Benefits): Mrs. Gallego
SETTLEMENT: Crushed by Elevator Hoist (Death Claim)
Mrs. Gallegos, while working as a machine operator for Cadbury Schweppes Holdings Inc., suffered multiple traumatic injuries when an elevator hoist fell on her. Sadly, she died as a result of the injuries. Mrs. Gallegos had no minor dependents. However, under Labor Code Section 3501, an adult disabled child may qualify for dependency. In this case I was able to prevail on the question of the child’s status as a total dependent, and I was able to settle the case for total death benefits. This allowed him to receive financial support for the rest of his life.
$1,215,658
Valdez vs. Reliable Rain Gutters
SETTLEMENT: Traumatic Brain Injury
$1,215,658: Valdez vs. Reliable Rain Gutters
SETTLEMENT: Traumatic Brain Injury
Two part settlement, permanent disability for $556,562 and future medical for $658,096.
$6,100,000
Martinez vs. Proteus On-Demand Facilities LLC
SETTLEMENT: Fall From Height
$6,100,000: Martinez vs. Proteus On-Demand Facilities
SETTLEMENT: Fall from height
$1,217,105
Piñon vs. Boyd Goins Construction
SETTLEMENT: Fall from a height
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$1,217,105: Piñon vs. Boyd Goins Construction
SETTLEMENT: Fall from height
In 2005, Mr. Piñon, a 55-year old construction carpenter, fell from a height of 10 feet while installing a joist. Mr. Piñon injured his lower back and suffered a head injury (traumatic brain injury). The parties could not reach an agreement on Mr. Piñon’s level of permanent disability and the case was set for trial. On the day of trial, the insurance carrier made an offer ($1,217,105) that was acceptable to Mr. Piñon and the case was settled on the day of trial. Mr. Piñon received his settlement money and moved to Mexico to live with his family.
$4,843,212
Landeros vs. On Time Private Security
SETTLEMENT: Gunshot wound
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$4,843,212: Landeros vs. On time Private Security
Mr. Landeros, a single 30 year-old, while working as a security guard on Christmas Eve, suffered a gunshot wound to the head (drive-by shooting). As a result of the gunshot wound, Mr. Landeros suffered a traumatic brain injury and spastic quadriparesis.
Mr. Landero’s case was settled for 100% permanent total disability in 2018. In 2020, his case was settled by compromise and release for $4,843,212.
The need for home health care was a significant factor in establishing the value of the case. After the resolution of his case, Mr. Landeros purchased a home and is happily married.
$7,975,000
Carrillo vs. J.J. Roofing
SETTLEMENT: Fall from roof resulting in spinal cord injury
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$7,975,000: Carrillo vs. J.J. Roofing
SETTLEMENT: Fall from roof resulting in spinal cord injury
Mr. Carrillo, a 46-year old roofer, suffered a fall from a roof on August 6, 2007. Mr. Carrillo was installing fire retardant paper on the roof when he tripped and fell 15 feet to the ground and sustained a serious spinal cord injury resulting in tetraplegia.
He will require medical treatment, including 24-hour home health care, for the rest of his life.
Mr. Carrillo successfully pursued a third-party claim against multiple defendants, including the general contractor. The third-party claim settled for $5,300,000 and the workers’ compensation carrier received a credit in the amount of $1,837,524.00.
100% Total Disability
Hatley vs. Giroux Glass Inc.
TRIAL, WRIT DENIED: Repetitive Trauma
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100% Permanent Total Disability: Hatley vs. Giroux Glass Inc.
TRIAL, Writ Denied: Repetitive Trauma
Mr. Hatley, a 45-year old glacier suffered injury to his lower back working as an installer. His job as a glacier required that he lift heavy glass doors and windows during the installation process. The parties could not agree on Mr. Hatley’s level of permanent disability and his case proceeded to trial. A vocational expert testified that, despite Mr. Hatley having participated in vocational rehabilitation, he was unable to benefit from his training. The vocational expert further testified that the side effects of medications used to control his pain and his work limitation prevented him from competing in the open labor market.
The Judge awarded 100% permanent disability.
$6,800,000
Garcia vs. Simon Construction
SETTLEMENT: Fall from roof during construction project.
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$6,800,000: Garcia vs. Simon Construction
SETTLEMENT: Fall from roof during construction project.
Mr. Garcia was working as a roofer on a cold November day, when he fell from the roof. He suffered a spinal cord injury from the fall. Mr. Garcia will require 24-hour home health care for the rest of his life. After extensive litigation, I settled his case for $6.8 million dollars.
$6,300,000
Ochoa vs. Lyons Plastering
SETTLEMENT: Fall from scaffold
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$6,300,000: Ochoa vs. Lyons Plastering
SETTLEMENT: Fall from scaffold.
A 22-year old husband and father of two, suffered a serious injury when he fell off a scaffold and suffered a spinal cord injury. Due to his paraplegia, he will require 24-hour home health care for the rest of his life. A separate settlement was obtained for reimbursement for home health care that was provided by his wife.
100% Total Disability
Lopez vs. The State of California
Trial: Cerebral Infarct
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100% Total Disability: Lopez vs. The State of California
TRAIL: Cerebral Infarct.
Mr. Lopez, 52-year old DEA Agent, suffered a stroke while on vacation. The nature and extent of permanent disability was disputed, and the case proceeded to trial. The judge found Mr. Lopez 100% permanently totally disabled without apportionment, based on substantial medical evidence presented at trial. The evidence included the report of a vocational expert, and the testimony of Mr. Lopez.
$2,330,000
Confidential
SETTLEMENT: Trip and Fall accident resulting in right wrist fracture and Complex Regional Pain Syndrome (CRPS)
Confidential
SETTLEMENT: Trip and Fall accident resulting in right wrist fracture and Complex Regional Pain Syndrome (CRPS)
$5,350,000
Qualls vs. ARB. Inc.
SETTLEMENT: Worker crushed by loader/backhoe
Qualls vs. ARB. Inc.
SETTLEMENT: Worker crushed by loader/backhoe
$2,599,248
Cortes vs. AMS Paving Inc.
SETTLEMENT: Traffic Collision
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$2,599,248: Cortes vs. AMS Paving Inc.
SETTLEMENT: Traffic Collision.
Mr. Cortes, a 36-year old mechanic, was performing repairs on a company truck that had stalled on the side of the freeway. While he was working on the truck, he was struck by oncoming traffic. Mr. Cortes suffered a traumatic brain injury. He will require medical treatment for the rest of his life.
$3,964,173.73
Santana vs. All American Crane
SETTLEMENT: Fall from a height.
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$3,964,173.73: Santana vs. All American Crane
SETTLEMENT: Fall from a height.
Mr. Santana, a 30-year old heavy equipment service technician, fell from a height while servicing a crane and suffered a traumatic brain injury. He will require home health care for the rest of his life.
$4,400,000
Roldan vs. Phoenix Construction Services
SETTLEMENT: Fall from a height.
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$4,400,000: Roldan vs. Phoenix Construction Services
SETTLEMENT: Fall from a height.
In late 2007, Mr. Roldan, a 41-year old laborer, suffered a traumatic brain injury due to a fall from a height while installing an air conditioning unit. Mr. Roldan will require medical treatment for the rest of his life.
$2,750,000
Patino vs. Reliable Wholesale Lumber
SETTLEMENT: Struck by falling lumber.
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$2,750,000: Patino vs. Reliable Wholesale Lumber
SETTLEMENT: Struck by falling lumber.
One day while working in a warehouse, 33-year old Mr. Patino, was struck in the head by falling lumber that was being transported via a forklift. The metal binding broke, and the lumber fell on Mr. Patino一 striking his head. Mr. Patino suffered a traumatic brain injury, including trauma to his jaw and teeth. He eventually developed xerostomia from the medications used to treat his symptoms. He will require medical treatment, for the rest of his life. His case was settled by “stipulation” for 100% permanent disability. Several years later his future medical treatment was settled.
$1,768,639
Zuniga vs. Wall Design Inc.
SETTLEMENT: Eyes splashed with alkali.
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$1,768,639: Zuniga vs. Wall Design, Inc.
SETTLEMENT: Eyes splashed with alkali.
Mr. Zuniga, a 22-year old laborer, was at a job site when a co-worker dropped a bucket with plaster/alkali. When the bucket struck the floor, its contents splashed upwards into Mr. Zuniga’s eyes. Mr. Zuniga’s eyes were burned and he lost his sight entirely. Mr. Zuniga will require medical treatment for the rest of his life.
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