Workers' Compensation Case Involving Closed-Head Injury Has Structured Settlement with Present Value of $125,0000

Carr v. Cavco, Shelby County

Plaintiff was an employee using a pry bar to loosen a palate from a forklift. The forklift was placing the palate onto a flat-bed trailer. The forklift shifted and the pry bar was driven backwards into his forehead.

There was a little visible injury. Eventually however, symptoms of closed-head injury revealed themselves. These included severe emotional control problems. After the injury, the plaintiff, a previously passive individual, once pulled a shotgun on a pizza deliver man for being late. His memory was also affected.

The Workers' Compensation settlement that was reached is in the gray area between 100% disability and permanent total disability. Plaintiff also qualified for Social Security without offset for Workers' Compensation awards. Present value of the structured settlement is $125,000 with payouts to be made until his death.

Submitting Attorney's Comments: If the family of your head-injured plaintiff says, "He is not himself anymore." Send him to a neuro-psychologist for testing. They may be right.

Plaintiff's Counsel: David Britton Peel, TTLA, Millington.