Aparicio, Teofilo

Applicant Teofilo Aparicio, a 72-year-old kitchen helper for King Fish, Inc., suffered an acute hemorrhagic stroke at work on November 19, 2011, and filed both a specific injury claim (ADJ8471459) and a cumulative trauma claim (ADJ10571336). The central dispute was whether the stroke was industrial, hinging on whether there was an unreasonable delay in calling 911 and whether applicant experienced work-related physical or mental stress before the stroke. The WCJ found no industrial injury, relying on credible defense witness testimony (the owner Kagawa and assistant manager Acosta) and Glendale Fire Department records showing a prompt 911 response, while the applicant's wife's deposition testimony was largely uncorroborated hearsay. Both PQMEs opined the stroke was non-industrial absent proof of delay or work stress, given applicant's untreated hypertension and major stroke risk factors. The WCAB granted reconsideration for further study but ultimately affirmed the take-nothing orders, adopting the WCJ's Report. Applicant failed to meet his burden of establishing reasonable probability of industrial causation.