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

Case No. ADJ865164 (AHM0127447)
Regular
Jun 13, 2011

DARRIEN GORDON vs. OAKLAND RAIDERS, PACIFIC EMPLOYERS INSURANCE COMPANY, XCHANGING, INC., ATLANTA FALCONS, ST. PAUL TRAVELERS

The Appeals Board granted reconsideration and vacated its prior decision because the insurer for the Atlanta Falcons' petition for reconsideration of the original arbitrator's award was untimely filed. The Board found that the petition was received and electronically filed after the statutory deadline. Therefore, the Board rescinded its March 22, 2011 decision and dismissed the Falcons' untimely petition. This ruling effectively reinstates the original arbitrator's award concerning employer liability for applicant Darrien Gordon's workers' compensation claim.

Darrien GordonOakland RaidersPacific Employers Insurance CompanyXchanging Inc.Atlanta FalconsSt. Paul TravelersDarrien GordonDarrien GordonDarrien GordonDarrien Gordon
References
5
Case No. ADJ865164 (AHM 0127447)
Regular
Mar 22, 2011

DARRIEN GORDON vs. OAKLAND RAIDERS, PACIFIC EMPLOYERS INSURANCE COMPANY, XCHANGING, INC., ATLANTA FALCONS, ST PAUL TRAVELERS

This case concerns a professional football player's cumulative trauma injury claim. The Workers' Compensation Appeals Board granted reconsideration to correct an arbitrator's apportionment of liability. The Board found that under Labor Code section 5500.5, liability should be based on employment within the one year preceding the date of injury. Consequently, Travelers Indemnity, as insurer for the Atlanta Falcons, was ordered to reimburse the Oakland Raiders for 4% of benefits paid, reflecting the Falcons' minimal employment during the last year of injury. This reversed the original award which had apportioned liability at 39%.

Cumulative TraumaProfessional Football PlayerDate of InjuryLast Year of EmploymentApportionment of LiabilityContinuous TraumaOccupational DiseaseInsurer LiabilityContribution ClaimWorkers' Compensation Appeals Board
References
0
Case No. MISSING
Regular Panel Decision

In re Falcon EE.

This case involves an appeal from a Family Court order that adjudicated Falcon EE. as an abused child and Monica UU. as a neglected child by their respondent father/step-father. The initial proceedings stemmed from Falcon EE. sustaining multiple severe injuries, including an oblique femur fracture, head and chest bruises, and vaginal lacerations, which the respondent attributed to an accidental fall. However, medical testimony refuted the accidental cause, indicating sexual abuse and non-accidental trauma, and also noted prior injuries sustained by Falcon while in the respondent's care. The Family Court found Falcon abused by the respondent and Monica derivatively neglected, based on the respondent's conduct towards Falcon creating a substantial risk of harm to any child in his care. The appellate court affirmed the Family Court's determinations, finding sufficient evidence supported the findings of abuse and neglect.

References
8
Case No. ADJ7503681
Regular
Jul 24, 2012

WAYNE RADLOFF vs. ATLANTA FALCONS

Defendant National Union petitioned for the Workers' Compensation Judge's disqualification based on unspecified grounds, requesting reassignment. The Workers' Compensation Appeals Board dismissed the petition because it lacked the required affidavit or declaration detailing facts for disqualification. Furthermore, the petition was not verified, violating WCAB Rule 10842(b). Consequently, the Board denied the request for disqualification and reassignment.

WORKERS' COMPENSATION APPEALS BOARDWayne RadloffAtlanta FalconsADJ7503681Petition for DisqualificationCCP § 641(f)CCP § 641(g)Labor Code section 5311WCAB Rule 10452affidavit
References
0
Case No. ADJ6857928
Regular
Apr 05, 2015

CALVIN COLLINS vs. ATLANTA FALCONS, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) affirmed the Administrative Law Judge's (ALJ) decisions to deny enforcement of a compromise and release agreement and to decline jurisdiction over the applicant's claim. The WCAB found that the applicant's minimal contacts with California, consisting of playing only six games over his seven-year career, were insufficient to establish a legitimate and substantial connection to the alleged cumulative trauma injury. Therefore, asserting California jurisdiction would violate the employer's due process rights. The WCAB referenced the *Johnson* case, holding that such limited exposure does not create a substantial California interest.

Workers' Compensation Appeals BoardCompromise and ReleaseSubject Matter JurisdictionCumulative Trauma InjuryProfessional AthleteDe Minimis ConnectionDue ProcessLegitimate and Substantial ConnectionLabor Code 3600.5Extraterritorial Provisions
References
10
Case No. MISSING
Regular Panel Decision
Feb 07, 1997

Guri v. Atlanta International Insurance

This motion addresses the enforceability of a post-judgment agreement assigning a defendant’s right to reimbursement from a third-party defendant, particularly when the original plaintiff and third-party defendant are employee and employer. Plaintiff Zorina Guri sought to enforce this assignment agreement against the State Insurance Fund (SIF) and Atlanta International Insurance Company (AIIC), who were the insurers of B.C. Enterprises, Inc., the third-party defendant in an earlier action. The assignment arose from a 1992 judgment where employee Theodore Crawford secured a verdict against Jimmie L. Williams and Geneval K. Williams, who subsequently obtained a contribution judgment against B.C. Enterprises. Guri loaned the Williamses funds to partially satisfy Crawford's judgment, receiving an assignment of their rights, including the contribution judgment against B.C. Enterprises. The court denied SIF's summary judgment motion, ruling the assignment did not violate Workers' Compensation Law public policy, distinguishing it from invalid pretrial agreements, and granted Guri's cross-motion for summary judgment against both defendants, also deeming AIIC's late notice disclaimer ineffective.

Assignment AgreementPost-Judgment EnforcementThird-Party ActionsContributionDole v. Dow exceptionInsurance Coverage DisclaimerLate Notice DefensePublic PolicySummary JudgmentLoan Arrangement
References
12
Case No. ADJ7712702
Regular
Jul 22, 2013

MICHAEL BOOKER vs. ATLANTA FALCONS, TENNESSEE TITANS, TRAVELERS INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review an administrative law judge's dismissal of the Tennessee Titans and their insurer, Travelers, with prejudice. The WCAB rescinded the dismissal order, finding that dismissal with prejudice may improperly bar future indemnity claims between employers and potentially conflict with the applicant's right to join necessary parties. Furthermore, dismissing Travelers with prejudice could negatively impact the applicant. The case is returned for further proceedings to ensure the applicant's entitlement to benefits is determined first.

Workers' Compensation Appeals BoardReconsiderationOrder of Dismissal With PrejudiceRetraxitIndemnity RightsCross-complaintSupplemental ProceedingsLabor Code Section 5500.5(b)Joining PartiesManzano v. Flavurence Corp.
References
2
Case No. 15CV3421ADSARL
Regular Panel Decision

Falcon v. City University of New York

This case involves allegations by Plaintiff Nancy Falcon against her employer, the City University of New York (CUNY), for gender discrimination, hostile work environment, and retaliation under Title VII. CUNY filed a motion for judgment on the pleadings to dismiss the complaint. The Court granted the motion in part and denied it in part. It dismissed the hostile work environment claim and limited the Title VII discrimination claim by barring reliance on events before 2008. However, the Court denied the motion to dismiss the Title VII discrimination claim regarding a 2012 promotion denial and the Title VII retaliation claim concerning alleged acts after an internal complaint in December 2014, finding sufficient facts for these aspects to survive scrutiny.

Title VIIGender DiscriminationHostile Work EnvironmentRetaliationMotion for Judgment on PleadingsRule 12(c)McDonnell Douglas FrameworkPlausibility StandardStatute of LimitationsEEOC Complaint
References
58
Case No. ADJ7113572
Regular
Oct 08, 2012

SAMMIE ROGERS vs. BUFFALO BILLS, ATLANTA FALCONS, SAN DIEGO CHARGERS, et al.; TRAVELERS; SEDGWICK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision regarding Sammie Rogers' claim. The WCAB affirmed the original decision but amended it to clarify the attorney's fee structure for a life pension. The amendment specifies that the 15% attorney fee will be commuted from the present value of the life pension, calculated using the artificial far end of the applicant's life expectancy. Jurisdiction is reserved regarding the amount of the life pension until further order.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeReconsiderationLife PensionAttorney's FeePresent ValueCommutationSupplemental OrderJurisdiction Reserved
References
0
Case No. ADJ7796275
Regular
Sep 01, 2015

MORTEN ANDERSEN vs. NEW ORLEANS SAINTS, Atlanta Falcons, New York Giants, Kansas City Chiefs, Minnesota Vikings

The Workers' Compensation Appeals Board (WCAB) affirmed California's subject matter jurisdiction over Morten Andersen's cumulative injury claim as a professional athlete, due to sufficient work performed in the state. However, the WCAB rescinded the prior finding that liability related back to the New Orleans Saints, Andersen's first employer. This was because Labor Code section 5500.5 mandates liability be allocated to employers during the year preceding the last date of injurious exposure, and the Saints did not employ Andersen during that period. The case was returned to the trial level to join subsequent employers and properly allocate liability under section 5500.5.

Workers' Compensation Appeals BoardSubject Matter JurisdictionIndustrial InjuryProfessional AthleteCumulative InjuryRelation Back DoctrineLabor Code Section 5500.5EmployersLiability AllocationInjurious Exposure
References
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