“When Tina called me, and said I was going to be able to provide for my family and have my medical needs met, that was one of the best days of my life. If there is anyone that has a brain injury, please call Tina. She is a life changer.”
On July 29, 2015, applicant Terry Richey, 56, an employee of Olive Crest Treatment Center, was in the course and scope of his employment as a special education teacher who was helping teach his behavioral student how to ride a bicycle, when unbeknownst to him the student rammed into him and he was ejected over the handlebars landing on his head on to the concrete road. Richey sought workers' compensation benefits and filed a workers' compensation claim against Olive Crest Treatment Center. Richey brought a claim against Olive Crest Treatment Center to collect workers' compensation benefits. He felt his prematurely ending when he and his wife sought the counsel of Odjaghian Law Group.
Richey was rushed to Riverside Community Hospital. He lost consciousness for an unknown period of time. A CT of the head taken upon admission revealed subdural and subarachnoid hematomas in the right temporal and right parietal lobes. The bleeds resolved on their own and did not require surgical evacuation. Richey was diagnosed with a traumatic brain injury; right frontal subdural hematoma; right temporal and parietal subarachnoid hemorrhage; post-traumatic headaches; depression; insomnia; obstructive sleep apnea; obesity related to decreased ability to exercise; and tinnitus. Richey was released from the hospital approximately a week later at which time he underwent physical and occupational therapy on an outpatient basis. Richey was eventually admitted to a neurorehabilitation facility for multidisciplinary neuro-rehabilitation. On May 2, 2018, Richey was declared permanent and stationary meaning his medical condition had reached a stable plateau.
Applicant’s counsel asserted that based on the medical findings in the experts reports Richey should be considered 100% totally permanently disabled and would require long-term care in a structured living environment or some level of home attendant care for the foreseeable future. Defendants disputed the nature and extent of Richey's injuries.
Applicant ultimately prevailed in their contentions and arrived at a settlement amount predicated on their position to make provision for the care during the course of Richey’s life.