Jesse Winnen — ADJ10614987

Applicant Jesse Winnen, a Cal Fire paramedic/firefighter, suffered a brain seizure at work on July 6, 2016, caused by the interaction of work-related sleep deprivation and a pre-existing, non-industrial cavernous angioma in his brain. The WCJ found the injury compensable and treatment industrial up to the discovery of the angioma, but found post-discovery treatment (including the craniotomy to remove the angioma) and any resulting permanent disability to be non-industrial because applicant returned to baseline after the seizure without aggravation of the underlying condition. PQME Dr. Shalom opined that the seizure did not worsen the angioma or increase applicant's seizure propensity, and that the 3% WPI from surgical scarring was non-industrial and speculative. The Appeals Board majority affirmed the WCJ, distinguishing Rouseyrol and holding that the existence of an industrial contributing factor to the seizure did not equate to industrial causation of permanent disability or the need for further treatment. Commissioner Snellings dissented, arguing that under Granado medical treatment cannot be apportioned and that the surgery and 3% WPI flowed from the industrially-discovered condition.