Frank Malek v. Donna E. Shalala, Secretary of Health and Human Services

47 F.3d 1175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank MALEK, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee. No. 94-35095. United States Court of Appeals, Ninth Circuit. Submitted Jan. 10, 1995. * Decided Feb. 7, 1995. As Amended March 8, 1995. Before: ALARCON and BRUNETTI, Circuit Judges, and KELLEHER, ** Senior District Judge MEMORANDUM *** The Secretary of Health and Human Services concluded that Frank Malek was not disabled within the meaning of the Social Security Act. Malek appealed to the district court. The district court granted summary judgment in favor of the Secretary, thereby affirming the Secretary's decision. Malek appeals. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and we affirm. I. Facts Frank Malek alleges disability due to a compound fracture of the tibia and fibula of his right leg. Such injury, which he sustained in a motor vehicle accident on April 21, 1990, was slow to heal.…