Abdelmalak, Eshak

Eshak Abdelmalak pursued three claims, including a cumulative trauma claim (ADJ1556152) against Hani, Inc. (insured by Casualty Reciprocal Exchange in liquidation, administered by CIGA), a 1998 specific injury against R.K. Chevron (Clarendon) resolved at 52% PD, and a CT claim against Chevron (ADJ11379405) found barred by the statute of limitations. The WCJ initially found 100% PTD but, after additional proceedings on award calculation, issued a November 14, 2024 F&A finding applicant entitled to 90% PD after apportionment under Labor Code sections 4663 and 4664. Applicant sought reconsideration arguing his totally diminished future earning capacity resulted solely from the ADJ1556152 injury, entitling him to an unapportioned 100% PTD award. CIGA sought reconsideration arguing the WCJ erred by not deducting apportionment identified by the orthopedic AME in the time-barred CT claim against Chevron. The Board granted both petitions to allow further study of the record and the apportionment analysis under Kopping, deferring a final decision after reconsideration.