WCPanelIQ
PanelQMELienGranted in Part

Taleb, Malik

MALIK TALEB, Applicant vs. EATALY USA LLC; LIBERTY MUTUAL INSURANCE, Defendants

ADJ number
ADJ17194766
Decision date
Mar 16, 2026
District office
Van Nuys
WCJ
—
Claim administrator
Liberty Mutual Insurance
Commissioners
LISA A. SUSSMAN, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: right index finger

LC §5909LC §5900CCR §10600

Summary

Applicant Malik Taleb, in pro per, sought reconsideration of a WCJ's F&A finding 4% PD for an industrial right index finger injury sustained on January 15/16, 2018, while working as a prep cook for Eataly USA LLC. Applicant argued the PD rating was not supported by substantial medical evidence and that the WCJ improperly relied on the panel QME (Dr. Katherine Au) over the PTP (Dr. Milan Stevanovic). The Board affirmed that the QME's report constituted substantial medical evidence and the WCJ properly chose between conflicting reports, noting the PTP report did not provide a WPI rating. However, upon independent review, the Board found the WCJ erred in the rating and corrected it to 7% PD using impairment number 16.06.02.01 from the QME's ROM findings. The Board also amended the decision to defer the issue of the former attorney's lien for fees, ordering defendant to withhold 15% of the PD award pending resolution.

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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