Attorney Rene Munoz represented Mr. Killian and contended that he suffered a work-related injury that rendered him 100 percent disabled not amenable to rehabilitation as the PDRS schedule was rebutted based on the reporting of a vocational rehabilitation expert. Consequently, applicant contended that he was entitled to two thirds of his average weekly wage for the remainder of his life in addition to medical treatment.

The insurance company contended that the PDRS had not been rebutted and that applicant’s level impairment stood at 87 percent not 100 percent. Thus, the insurance carrier contended that our client was not entitled to two thirds of his average weekly wage for the remainder of his life. Further, the defendants also did not concede the brain injury was industrial.

Ultimately, Rene Munoz was succefful and Judge Eugene Gogerman in the San Francisco Workers’ Compensation Appeals Board ultimately approved a settlement of $1.6 million which is structured to pay out life-long monthly payments to our client.

“I went to law school to represent the rights and interests of the hardest working people in society,” Mr. Munoz concludes. “To provide these victories for people like Mr. Killian is what our law firm is here to do.”

If you think you have suffered a serious injury to your lungs, heart, or brain, feel free to contact our law firm for a free consultation at (667) 350-1072. A workers’ comp lawyer is available to talk with you.

The post Franco Munoz Law Firm Wins $1.6 Million Award for Client in Workers’ Comp Case appeared first on Workers Comp Attorney| Franco Munoz.

Chapter 13 of the American Medical Association (AMA) Medical Guides, 5th Edition addresses potential cranial nerve damage and peripheral nervous damage corresponding to a TBI. Generally, the cranial nerve one is the most affected nerve, however, it is generally not properly tested by primary treating physicians (PTPs) and we always work with PTPs to ensure that cranial nerve 1 is tested appropriately. To a lesser extent, cranial nerve 7 (involving the facial nerve for motor strength) and cranial 3 (involving the pupil area) are also impacted by a TBI. Further, Chapter 12 of the AMA Guides addresses problems corresponding to ambien vision (side vision); and Chapter 13 of the AMA Guides addresses the vestibular aspects of an injury. Other chapters of the AMA Guides also touch on injuries caused by TBIs that we will address in a future blog post.

It should be noted that often times valium is used over time to treat TBIs, however, extensive usage can result in a decrease in memory — in these instances, it may be useful for a QME to review Chapter 11 of the AMA Guides as it relates to one’s functional efficiency and audibility.

In terms of determining the whole person impairment (WPI) and level of permanent disability, our position is that the addition of disabilities under the Kite case is the appropriate approach to determine the WPI because of the vision, hearing, and disequilibirum concurrency that is found in most serious TBIs.

Lastly, to briefly address medical treatment, it should be noted that the Administrative Director has incorporated the Medical Treatment Utilization Schedule (MTUS). When an employee is injured at work, he or she is entitled to receive reasonable and necessary medical treatment to cure or relieve the injury. The Medical Treatment Utilization Schedule (MTUS) is a set of regulations found in title 8, California Code of Regulations section 9792.20 through 9792.27.23 that contain medical treatment guidelines and rules for determining what is reasonable and necessary medical care. The MTUS is based on the principles of evidence-based medicine. That means treatment decisions are guided by recommendations supported by the best-available evidence. Of note, there are two types of drugs — (a) there are exempt drugs that don’t require authorization but need to be prescribed pursuant to the MTUS; and (b) non-exempt drugs that require authorization by Utilization Review like most other drugs. A link to the MTUS Drug List can be found below:

https://www.dir.ca.gov/dwc/MTUS/MTUS-Documents/Drug-List/January-2019/DRUG-LIST-V4-Addendum-One.pdf

Additional blog posts on TBI and mTBIs will be addressed in the future.

Authored by Steve Franco, Esq.

The post TBI Primer: How Do We Evaluate A Traumatic Brain Injury? appeared first on Workers Comp Attorney| Franco Munoz.