WCPanelIQ
PanelQMEMed-legalLienGranted

Malinoff, Randall

RANDALL MALINOFF, Applicant vs. WIZARD WORLD, INC.; ZURICH AMERICAN INSURANCE, Defendants

ADJ number
ADJ10997880
Decision date
Aug 27, 2023
District office
Van Nuys
WCJ
—
Claim administrator
Zurich American Insurance Company
Commissioners
—

Injury / body parts: heart, psyche, hemorrhagic system, hypertension (deferred)

LC §4660.1LC §4659LC §4661.5

Summary

Randall Malinoff, a 57-year-old COO, sustained an industrial cumulative injury ending July 5, 2017 to his heart, psyche, and hemorrhagic system. The WCJ awarded 75% permanent disability, limited the psychiatric impairment to one-third under Labor Code section 4660.1(c) (finding no catastrophic injury), found hypertension was non-industrial, and granted defendant credits against EDD reimbursement and for days applicant worked while collecting temporary disability. Applicant sought reconsideration challenging the PD finding, the EDD/work credits, and the failure to specify exact attorney fees. The Board granted reconsideration and amended the decision to defer the permanent disability issue pending further development of the medical record (additional MRI to assess left ventricular hypertrophy) on applicant's hypertension impairment, while otherwise affirming the WCJ's reasoning. Because PD was deferred, attorney fees were also deferred.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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