Applicant Maria Da Silva, a 50-year-old caregiver, sustained an admitted industrial injury to her low back and left shoulder on August 16, 2017, and later suffered an intraoperative stroke during industrial back surgery (a compensable consequence) resulting in right-sided hemiparalysis, gait derangement, and facial weakness. The WCJ found applicant permanently and totally disabled (100%) based on AME Dr. Lawrence Richman's opinion, while deferring the issues of brain, throat (dysphagia/dysphasia), and psyche injury. Defendant sought reconsideration, arguing the AME's PTD opinion was not substantial evidence, that vocational expert Aida Worthington's opinion should have controlled, and that further discovery (neuropsychiatric PQME, barium swallow) was needed. The WCAB denied reconsideration, finding the AME's opinion well-reasoned and persuasive, the vocational opinion conclusory and lacking probative value, and that deferral of the brain/throat/psyche issues made no difference to the scheduled rating due to the compressive effect of the Combined Values Chart.
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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