KARIM ELANEH, Applicant vs. EZ LUBE; CIGA for CASTLEPOINT NATIONAL INSURANCE, in liquidation, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants
ADJ number
ADJ7882792, ADJ7882793
Decision date
Mar 8, 2023
District office
Marina del Rey
WCJ
Jeffrey Ward
Claim administrator
Sedgwick Claims Management Services, Inc. (administering CIGA for Castlepoint National Insurance, in liquidation)
Commissioners
—
Injury / body parts: Upper Digestive Tract, Lower Digestive Tract, Hernia, Reproductive System, Sleep, Psyche, Cervical spine, Lumbar spine, Left Cubital Tunnel (elbow), Left Hand Grip Loss, Left Shoulder, Right Cubital Tunnel (elbow), Right Hand Grip Loss, Right Shoulder, Left Knee, Right Knee
CCR §10945
Summary
Karim Elaneh, a 47-year-old auto mechanic, suffered a violent workplace attack on June 6, 2011 when a car thief ran over him with a vehicle he was servicing, causing injury to 16 separate body parts and systems including significant psychiatric injury (PTSD). A formal DEU rating yielded 93% permanent disability, but the WCJ relied on applicant's vocational expert (Laura Wilson) over defendant's expert (Amy Koellner) to find the applicant 100% permanently and totally disabled, rebutting the scheduled rating. Defendant petitioned for reconsideration, arguing the WCJ should have relied on its vocational expert and challenging Wilson's failure to review the AME psychiatric report and to address apportionment. The WCAB adopted the WCJ's Report and Recommendation and denied reconsideration, finding that despite Wilson's shortcomings on apportionment, the totality of evidence supported a 100% unapportioned award.
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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