Dr. Abdel Malek is a physician at Kaiser, where he had to discontinue his full-time practice due to a cardiac condition. He had been advised to work only part-time because the stress of his full-time job increased the possibility of a serious heart attack. Kaiser’s disability insurer, CIGNA, refused to pay Dr. Abdel Malek his disability benefits, stating that if Dr. Abdel Malek was “capable” of working part-time, he was “capable” of working full ti
The case was tried and the trial court issued an opinion that was published. The trial court found for Dr. Abdel Malek and stated that the severe risk associated with a full-time practice was sufficient grounds for disability status. The Court stated: “…it would be unreasonable to interpret “capable” to mean “capable until your condition kills you.” Abdel Malek v. Life Ins. Co. of N. America, 359 F.Supp2d 912 (C.D., Cal, 2005).
