April 20, 2018
Injured worker sustained a head/neurological injuries, among others, resulting from a sudden closure of an automatic door, which hit him in the head. Counsel successfully established a psychological injury under the 'violent act' exception for a post-1/1/13 date of injury, with resulting 79 percent permanent disability award for the applicant.
Under California's reform legislation, enacted in 2012, the permanent disability for a psychological injury resulting from a physical injury was eliminated for post-1/1/13 dates of injury, unless it falls within one of two exceptions of 'violent act' or 'catastrophic injury.'
In this case, Defendants appealed the decision of the court, and the case was settled favorably during the appeal process.