(Lawerence) . . . . . . . . . . . 1
apportionment that is non published
published decision
claim alleging a
cumulative trauma for
stroke.
southern California. The
applicant lost sleep, was anxious,
and stressed about getting lost,
missing turns and not arriving on
time. On the day of the stroke
the applicant had driven 450-500
miles. The applicant got home
and did 30 minutes of yard work.
went to the hospital and was
diagnosed with a stroke.
(QME's). The Workers
Compensation Judge (WCJ)
found injury and a 70 percent
disability on applicant's QME. He
did not find on the defense
QME's because one physician
had been convicted of health care
fraud in federal court and the
other was reporting outside the
required specialty of internal
medicine.
Board (WCAB) upheld the WCJ.
Defendant contended there
should have been apportionment
even on applicant's QME.
apportion because the disability
elsewhere in his report, the
doctor indicated there were other
factors of contribution, including
his age, his genetic history, and
being overweight.
apportionment in this type of
situation. Therefore, the
applicant's QME was not
substantial evidence on the issue
of apportionment. The WCAB
should reopen discovery and
further develop the record. This
is the case even though defendant
never cross examined applicant's
QME.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
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