What the panel ordered
Findings and Awards of October 12, 2020 rescinded; case returned to WCJ for further proceedings and new decision
Petition for Reconsideration granted; Findings and Awards rescinded; matter returned to WCJ for further proceedings and new decision
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
ApportionmentRemandedstroke · hypertension · right shoulder · lumbar spine · bilateral knees · internal systems · headaches · double vision · dysphasia · bilateral hips · heart · bladder · vertigo
The WCJ did not address apportionment and disability issues adequately, especially regarding stroke-related disabilities and Labor Code presumptions, requiring further proceedings.
From the decision · page 5Finally, regarding the issue of apportionment, in the Opinion on Decision pertaining to case number ADJ10940866 the WCJ states, "Drs. Hyman and Richman concluded that applicant is 100% permanently and totally disabled due to the combined effects of his multiple disabilities as discussed above." (Opinion on Decision, p. 11.) It appears the WCJ is referring to the disability caused by applicant's hypertension and strokes. Dr. Richman noted that applicant had been diagnosed as having "cavernous malformation" [abnormally formed blood vessel] and "hemorrhagic stroke of brainstem" [when blood from an artery suddenly begins bleeding into the brain]. (App. Exh. 6, Dr. Richman, December 5, 2017, p. 66.) He later stated that applicant "...currently presents with significant neurological deficits due to a brainstem hemorrhagic stroke that occurred on 6/09/17..." (App. Exh. 6, p. 68.) Applicant claimed injury in the form of having