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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

People v. McKinley

The case involves a defendant convicted of second-degree murder, first-degree assault, and criminal possession of a weapon after stabbing his parents, killing his father, and injuring his mother. The defendant appealed the conviction, primarily asserting an insanity defense and challenging several evidentiary rulings. The court upheld the striking of a psychiatrist's testimony due to the doctor's unfamiliarity with the New York legal standard for criminal responsibility. Additionally, the court found no error in excluding a therapist's testimony as an expert or certain forensic mental health file contents, nor in excluding an outdated psychiatric diagnosis from 1970. The judgment was unanimously affirmed, citing overwhelming evidence of guilt and harmless error even if certain testimony had been admitted.

Criminal ResponsibilityInsanity DefensePsychiatric TestimonyEvidentiary RulingsHearsayExpert Witness QualificationParanoid SchizophreniaSchizoid Personality DisorderCriminal Possession of WeaponMurder Second Degree
References
16
Case No. ADJ7460656
En Banc
Jan 15, 2013

DENNIS MCKINLEY vs. ARIZONA CARDINALS, THE TRAVELERS INDEMNITY COMPANY

The Appeals Board affirmed the WCJ's decision, declining to exercise jurisdiction over a cumulative injury claim due to a reasonable mandatory forum selection clause in the employment contract specifying Arizona as the forum, coupled with the applicant's limited connection to California.

WORKERS' COMPENSATION APPEALS BOARDEN BANCCUMULATIVE INJURYPROFESSIONAL FOOTBALL PLAYERARIZONA CARDINALSTRAVELERS INDEMNITY COMPANYFORUM SELECTION CLAUSEMANDATORY FORUMLIMITED CONNECTIONEMPLOYMENT CONTRACT
References
61
Case No. ADJ7460656
Significant
Jan 15, 2013

Dennis McKinley vs. Arizona Cardinals, The Travelers Indemnity Company

The Appeals Board affirmed the WCJ's decision, holding that it will decline to exercise jurisdiction over a cumulative injury claim when a reasonable mandatory forum selection clause in an employment contract specifies another state's forum, and the employee's connection to California is limited.

En banc decisionForum selection clauseCumulative injuryProfessional football playerArizona CardinalsLimited connection to CaliforniaEmployment contractIndustrial Commission of ArizonaPublic policyUnreasonable forum
References
60
Case No. FRE 192364, FRE 192365, FRE 198592
Regular
Sep 21, 2007

CAROL MCKINLEY vs. RAMALLAH, INC./GENERAL INSURANCE COMPANY OF AMERICA

This case involves a request for additional attorney's fees and costs following a successful defense against a defendant's petition for writ of review. The Appeals Board reviewed the itemized hours and requested rate, disallowing time spent on specific tasks deemed clerical or administrative. Ultimately, the Board awarded $\$ 2,100.00$ in attorney's fees and $\$ 49.45$ in costs, recognizing the applicant's attorney's experience and the outcome of the appeal.

Workers' Compensation Appeals BoardAttorney's FeesPetition for Writ of ReviewCourt of AppealRemandLabor Code § 5801Labor Code § 5811Certified Workers' Compensation SpecialistHourly RateCosts on Appeal
References
4
Case No. ADJ3213893 (AHM 0133460)
Regular
Sep 30, 2013

JOHN WIRTZ vs. MCKINLEY CHILDREN'S CENTER, STATE COMPENSATION INSURANCE FUND

This case involves an appeal by the State Compensation Insurance Fund (SCIF) challenging a WCJ's order to pay $424.40 for a deposition. SCIF argued their due process rights were violated as their objection to the costs was seemingly not considered before the order was issued. The Appeals Board granted reconsideration, rescinded the WCJ's order, and returned the matter for further proceedings. This decision was based on the finding that SCIF was denied its due process right to be heard regarding the costs.

Labor Code Section 5811Petition for ReconsiderationWCJ OrderDue Process DenialDeposition CostsDholakia & AssociatesIke Kerhulas Ph.D.Interim OrderFinal OrderRight to be Heard
References
5
Case No. ADJ7045808
Regular
Jan 22, 2014

Ernest Conwell vs. New Orleans Saints, Louisiana Workers' Compensation Corp.

This case involves a professional athlete claiming industrial injury sustained between 1996 and 2007. The defendant contested California Workers' Compensation Appeals Board (WCAB) jurisdiction due to a forum selection clause in the employment contract designating Louisiana as the exclusive forum. The WCAB rescinded the initial award and remanded the case for further development of the record. This is to allow reconsideration of the *McKinley* decision regarding mandatory forum selection clauses and the connection to California, particularly concerning contract formation.

WCABjurisdictionforum selection clauseemployment contractprofessional athleteindustrial injurypermanent disabilityapportionmentcontract of hireagent
References
16
Case No. ADJ7761887
Regular
Feb 25, 2014

OMAR SMITH vs. NEW YORK GIANTS, GULF INSURANCE

The Workers' Compensation Appeals Board granted the New York Giants' petition for reconsideration, reversing the trial judge's decision. The Board found that a mandatory forum selection clause in Omar Smith's employment contracts, requiring New Jersey law and jurisdiction for disputes, was reasonable and enforceable. Applying the precedent set in *McKinley v. Arizona Cardinals*, the Board determined there was a limited connection to California regarding Smith's employment and claimed injury. Therefore, the WCAB declined to exercise jurisdiction and ordered that Smith take nothing on his claim.

WCABreconsiderationforum selection clauseNew Jersey Workers' Compensation CommissionMcKinley v. Arizona Cardinalsexclusive jurisdictioncumulative injurypermanent disabilityindustrial injuryprofessional athlete
References
13
Case No. ADJ7593509
Regular
Apr 08, 2013

ELLIS WYMS vs. TAMPA BAY BUCCANEERS, ACE/PACIFIC EMPLOYERS

The Appeals Board granted reconsideration of a workers' compensation award, rescinding the prior decision and returning the case for further proceedings. This action was based on the defendant's contention that a mandatory forum selection clause in the applicant's employment contracts required claims to be filed in Florida. The Appeals Board cited its en banc decision in *McKinley v. Arizona Cardinals*, which established that the central issue is whether California should enforce such a clause, not merely whether it has jurisdiction. Upon remand, both parties will have the opportunity to present evidence and arguments regarding the enforceability of the forum selection clause.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinding and AwardFootball PlayerForum Selection ClauseMcKinley v. Arizona CardinalsEn Banc DecisionCumulative Industrial InjuryEmployment ContractsMandatory Forum Selection
References
8
Case No. MISSING
Regular Panel Decision

Claim of Davis v. Labor Ready

Decedent, employed by Labor Ready, an employment agency, died in an automobile accident while being driven home from a temporary work assignment by a fellow Labor Ready employee, McKinley Barnes. Barnes was not working that day but volunteered to drive decedent and other employees, receiving a small payment from each employee for transportation. Claimant filed for workers’ compensation death benefits on behalf of decedent’s minor children, which were initially granted by a Workers’ Compensation Law Judge but subsequently reversed and disallowed by the Workers’ Compensation Board. The central issue was whether the accident occurred within the scope of employment, specifically if Labor Ready had assumed responsibility for transporting its employees. The court affirmed the Board’s decision, concluding that Labor Ready did not have exclusive control of the conveyance, and therefore, the injuries were not sustained in the course of employment. The court also found no abuse of discretion by the Board in refusing claimant's rebuttal due to procedural deficiencies.

Workers' CompensationDeath Benefits ClaimScope of EmploymentCommuting AccidentEmployer Provided TransportationCarpooling ArrangementTemporary AgencyWorkers' Compensation Board ReversalAppellate AffirmationCausal Connection
References
13
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