ESHAK ABDELMALAK, Applicant vs. RK CHEVRON (CLARENDON/ENSTAR); HANI, INC. (CIGA), Defendants
ADJ number
ADJ1424684
Decision date
Aug 1, 2024
District office
Marina del Rey
WCJ
Robert F. Spoeri
Claim administrator
CIGA (California Insurance Guarantee Association) by its servicing facility Intercare for Casualty Reciprocal Exchange in liquidation; Clarendon National Insurance Company administered by Enstar (American All-Risk Loss Administrators)
In three consolidated cases, the WCJ found applicant Eshak Abdelmalak permanently and totally disabled (100%) arising from a cumulative trauma claim against Hani/CIGA (12-3-2001 to 2-5-2002) involving lumbar spine, right leg, and internal injuries (GERD, hypertension, hypertensive kidney and heart disease), with a prior 52% stipulated award against Chevron/Clarendon for a 7-2-1998 specific back/leg injury. Defendant Hani/CIGA sought reconsideration challenging the 'other insurance' determination, the method of calculating CIGA's credit for the prior 52% award, the substantiality of Dr. Gillis's revised internal-medicine opinions, the statute of limitations bar on the 1991-1998 CT claim (ADJ11379405), and the finding of no psychiatric predominant cause at Chevron. The Board granted reconsideration, amended the awards to make Clarendon solely responsible for future medical care to the back and right leg, deferred the issue of award calculation and attorney's fees to the WCJ to permit applicant a meaningful opportunity to respond, and otherwise affirmed. The Board adopted the WCJ's Report, which conceded error on the 'other insurance' issue and the dollar-vs-percentage credit calculation under Brodie.
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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