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Case Name Bracken vs. WCAB
Date 09/25/1989
Note Appellate court is not bound to accept the Board's factual findings where they are unreasonable or otherwise unsupported.
Citation 214 Cal.App.3d 246
WCC Citation WCC 29311989 CA
THOMAS T. BRACKEN, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, COMMERCIAL CARRIERS, INC. , et al. , Respondents (Opinion by Klein, P. J. , with Danielson and Croskey, JJ. , concurring. )We hold the Board's decision must be annulled because the Board erred in concluding the cardiovascular injuries were not industrial. Specifically, that heart attack progressed in degree later that month and then gave rise in April, 1986, to a stroke. Dr. Gillis stated he knew of no medical literature that says the worse the heart attack, the greater the likelihood of stroke. It is common knowledge in medical literature that massive heart attacks go on to develop cerebral strokes soon thereafter.

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