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Case No. ADJ9088316, ADJ9815876

Regular

Aug 07, 2017

FRANKLIN OLIVER vs. TAMPA BAY BUCCANEERS, SAN FRANCISCO 49ERS, INSURANCE COMPANY OF NORTH AMERICA/ACE USA, ESIS, INC.

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was not filed from a "final" order, as it only addressed intermediate procedural or evidentiary issues. The Board also denied the Petition for Removal, finding no evidence of substantial prejudice or irreparable harm. The WCJ's report, which determined the decision did not resolve substantive rights or threshold issues, was adopted by the Board. Therefore, the petition was dismissed and denied as it sought reconsideration of a non-final order and removal without meeting the extraordinary remedy requirements.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueSubstantial PrejudiceIrreparable HarmExtraordinary Remedy

References

Case No. ADJ9088316

Regular

Sep 20, 2022

FRANKLIN OLIVER vs. TAMPA BAY BUCCANEERS, ESIS

This case involves a former professional athlete claiming permanent total disability due to a progressive brain injury. The Appeals Board affirmed a 98% permanent disability award but will reserve jurisdiction for future reassessment due to the insidious and progressive nature of the applicant's condition, as per the *Jackson* doctrine. The Board rejected the claim for conclusive presumption of permanent total disability under Labor Code section 4662(a)(4), finding insufficient evidence of permanent mental incapacity based on medical opinions. Further, temporary disability benefits were denied as the applicant was employed post-football career until retirement.

Workers' Compensation Appeals BoardFranklin OliverTampa Bay BuccaneersESISAdjudication Number ADJ9088316ReconsiderationFindings and AwardProfessional AthleteOccupational Group 590California Subject Matter Jurisdiction

References

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FRANKLIN OLIVER vs. TAMPA BAY BUCCANEERS, SAN FRANCISCO 49ERS, INSURANCE COMPANY OF NORTH AMERICA/ACE USA, ESIS, INC.

FRANKLIN OLIVER vs. TAMPA BAY BUCCANEERS, ESIS