Applicant Javier Paramo, a truck driver, suffered an admitted specific industrial injury on August 29, 2014 when his feed-delivery truck rolled, fracturing seven ribs and injuring his lumbar spine. Two days later he suffered a right-hemisphere stroke (cerebrovascular accident) caused by a drop in blood pressure attributable to medications prescribed for the industrial injury, which the WCJ found to be a compensable consequence of the August 29 injury. The WCJ found the resulting brain injury produced permanent mental incapacity triggering the conclusive presumption of permanent total disability under Labor Code section 4662(a)(4), rejected defendant's apportionment under section 4663, found an AWW of $1,207.57 (rejecting the seasonal-employee argument), and awarded PTD plus a 15% attorney fee. The WCAB denied defendant's Petition for Reconsideration, adopting and incorporating the WCJ's Report and Opinion and according great weight to the WCJ's credibility determinations under Garza.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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