Workers’ Compensation Bicycle Accident

On July 29, 2015, applicant Terry Richey, age 56, an employee of Olive Crest Treatment Center, was in the course and scope of his employment as a special education teacher who was assisting in teaching his behavioral student to ride a bicycle, when unbeknownst to him, the student struck him and he was ejected over the handlebars, landing head first on the cement road. Richey sought workers’ compensation benefits and filed a workers’ compensation claim against Olive Crest Treatment Center. Richey filed a lawsuit against Olive Crest Treatment Center to collect workers’ compensation benefits. He sensed his untimely end 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 scan of the head taken on admission revealed subdural and subarachnoid hematomas in the right temporal and right parietal lobes. The hemorrhages 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 exercise capacity; and tinnitus. Richey was discharged from the hospital approximately one week later, at which time he underwent physical and occupational therapy on an outpatient basis. Ultimately, Richey was admitted to a neurorehabilitation center for multidisciplinary neurorehabilitation. On May 2, 2018, Richey was declared permanently stationary, meaning his medical condition had reached a stable plateau.

The petitioner’s attorney claimed that based on the medical findings from the experts’ reports, Richey should be considered 100% permanently disabled and would require long-term care in a structured living environment or some level of home care for the foreseeable future. The defendants disputed the nature and extent of Richey’s injuries.

Ultimately, Petitioner prevailed in his arguments and arrived at a settlement amount based on his position to make provisions for Richey’s lifelong care.