LOS ANGELES — A workers' compensation
judge recently approved to a record-breaking, $10 million settlement
in a California case.
The settlement in the case — TBC v. Ernst
& Young; The Insurance Co. of the State of Pennsylvania (AIG) —
came to the plaintiff in addition to the $3.2 million settlement she
won in a civil case against Caltrans and the state of California,
Asvar Law reported
in a news release.
The settlement was agreed upon on March
20 and approved by Judge Roger Tolman. The release said
the dollar amount is the highest-known award for workers'
compensation in the country.
The plaintiff was driving home at
about 2:30 a.m. on June 5, 2013, from a special audit for work when
she hit a tree after veering off Interstate 10. The injuries she
sustained included a “traumatic brain injury,” the release
case was able to be filed as a workers’ compensation claim because
of an exception in the coming-and-going rule.
commutes from work to home and home to work are not covered, but the
rule has many exceptions,” Chris Asvar, the plaintiff’s attorney
in the case, told the Northern California Record.
case, because she was driving home from a work assignment in special
circumstances and 2:30 a.m. not being during normal commuting hours,
the case was able to be filed as a workers’ compensation case.
the civil case,
an $8 million settlement was agreed upon. AIG had a lien on $1.5
million, and the plaintiff got $3.2 million for pain and suffering.
Asvar did not think that settlement would be enough to cover
future medical costs.
“In this settlement, I took the position
that, yes she is about to receive $3.2 million from the civil
settlement,” he said. “We need to figure out the value of the
future medical care that will she definitely need.”
$10 million will cover the care the plaintiff will inevitably need
and agreed on a global structured settlement.
In many cases in
which both civil and workers’ compensation claims are filed
simultaneously, the defendants will drag the workers’ compensation
case on until the civil settlement is used and the case becomes
“In this case, I insisted that we would not allow
the workers’ compensation insurance carrier (AIG) to receive the
$1.5 million for their lien on the case unless the settle the
workers’ compensation case with our client,” Asvar said.
this is a structured settlement, the plaintiff will receive a monthly
payment for life, Asvar said.