Bracken

Bracken v. Workers' Compensation Appeals Board

Good Law
1989 Cal. App. LEXIS 968·214 Cal. App. 3d 246·262 Cal. Rptr. 537·54 Cal. Comp. Cases 349
Court of Appeal of CaliforniaSeptember 25, 1989B038997California3,986 words

Opinion

Opinion

Klein, J.

Petitioner (applicant) seeks review of the decision of respondent Workers’ Compensation Appeals Board (Board) amending the findings of the workers’ compensation judge (WCJ) that applicant sustained industrial injuries to his cardiovascular system resulting in 100 percent permanent disability.

We hold the Board’s decision must be annulled because the Board erred in concluding the cardiovascular injuries were not industrial.

Factual Background and Procedural History

On March 13, 1986, applicant sustained a myocardial infarction (heart attack) while performing heávy work in the course of his employment as a truck driver for defendant Commercial Carriers, Inc. He sustained a second heart attack on March 31, 1986; and, while convalescing in Kaiser Hospital, he sustained cerebral vascular strokes on April 6 and 9, 1986. He is semicomatose and confined to a convalescent hospital.

Applicant did not testify because his semicomatose condition precludes speaking, reading and writing.

A CPK (creatine phosphokinase) heart-muscle enzyme test administered at the hospital revealed a CPK level of 2,200; and heparin (a blood thinner) was administered to applicant to prevent blood…

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