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

Case No. ADJ4661829 (ANA 0401410)
Regular
Dec 12, 2011

Vaughn Booker vs. Cincinnati Bengals, Kansas City Chiefs, Travelers Insurance Co., TIG Insurance Co., Green Bay Packers, Zurich American Insurance Co.

The Workers' Compensation Appeals Board rescinded an award finding jurisdiction over the Cincinnati Bengals, ruling that playing one game in California over three seasons does not constitute "regularly employed" for territorial jurisdiction. The Board found that all conditions under Labor Code section 3600.5(b) were met, establishing that the applicant's employment in California was temporary and covered by Ohio's workers' compensation laws. Therefore, California lacks subject matter jurisdiction over the claim against the Bengals. The case was returned to the trial level to determine jurisdiction over other defendants.

Subject Matter JurisdictionLabor Code Section 3600.5(a)Labor Code Section 3600.5(b)Territorial JurisdictionExtra-Territorial Jurisdiction"Regularly Employed"Temporary EmploymentReciprocityOhio Workers' Compensation ActCumulative Injury
References
23
Case No. ADJ6548044
Regular
Feb 11, 2015

GARY BURLEY vs. CINCINNATI BENGALS

The Workers' Compensation Appeals Board denied the Cincinnati Bengals' petition for removal. The employer sought to bifurcate the trial to address only jurisdiction, arguing proceeding on all issues would violate due process. The Board adopted the WCJ's report, finding that the employer failed to demonstrate substantial prejudice or irreparable harm. Reconsideration was deemed an adequate remedy if an adverse decision is ultimately issued.

Petition for RemovalWorkers' Compensation Appeals BoardPermissibly Self-InsuredWCJ reportsubstantial prejudiceirreparable harmreconsiderationdue processbifurcated trialjurisdiction
References
3
Case No. ADJ3250254 (ANA 0403409)
Regular
Jul 22, 2013

TROY SADOWSKI vs. CINCINNATI BENGALS

The Workers' Compensation Appeals Board affirmed a WCJ's decision finding no California jurisdiction over a professional football player's claim. The player was hired and covered by Ohio workers' compensation, and his presence in California was temporary for work. This temporary presence, combined with Ohio's reciprocal extraterritorial provisions, exempted the parties from California's workers' compensation law per Labor Code section 3600.5(b). The Board relied on its en banc decision in *Carroll v. Cincinnati Bengals* which established these exemption criteria.

Subject Matter JurisdictionLabor Code Section 3600.5(b)Temporary Presence ExceptionExtraterritorial ProvisionsOhio Workers' Compensation LawCincinnati BengalsProfessional Football PlayerCumulative Industrial InjuryReconsiderationEn Banc Decision
References
3
Case No. ADJ2831423
Regular
Jun 21, 2010

REINARD WILSON vs. CINCINNATI BENGALS

This case involves a dispute over permanent disability payments awarded by the California Workers' Compensation Appeals Board (WCAB). The defendant, Cincinnati Bengals, stopped payments based on an Ohio court order, which was later vacated by a federal court. The WCAB affirmed the original award, finding the defendant's delay in resuming payments unreasonable under Labor Code section 5814, justifying a penalty. However, the WCAB reversed sanctions under section 5813, finding the Ohio litigation, while ultimately unsuccessful, was not frivolous or solely intended to cause delay.

WCABPermanent Disability PaymentsLabor Code Section 5813Labor Code Section 5814Unreasonable DelayFrivolous TacticsSanctionsAttorney's FeesOhio Court OrdersInjunction
References
0
Case No. ADJ9085187
Regular
Feb 16, 2016

ESTES BANKS vs. CINCINNATI BENGALS, OAKLAND RAIDERS, FREMONT INDEMNITY

The Workers' Compensation Appeals Board granted reconsideration of a decision regarding applicant Estes Banks and defendants Cincinnati Bengals, Oakland Raiders, and Fremont Indemnity. The Board determined that reconsideration was necessary to allow further study of the factual and legal issues involved. This action is intended to ensure a complete understanding of the record and facilitate a just decision. All future filings related to this petition for reconsideration must be directed to the Office of the Commissioners.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationPermissibly SelfInsuredCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONliquidationstatutory time constraintsfactual and legal issuesjust and reasoned decisionfurther proceedingsElectronic Adjudication Management System
References
1
Case No. ADJ2295331 (ANA 0397551)
En Banc
Jun 18, 2013

Wesley Carroll vs. Cincinnati Bengals, New Orleans Saints, Louisiana Workers' Compensation Corporation, Travelers Insurance

The Appeals Board held that under Labor Code § 3600.5(b), an employee hired outside California is exempt from the state's workers' compensation laws if they are temporarily in the state for work, the employer provides coverage from another state, and that state has reciprocal exemption provisions, leading to the dismissal of the Cincinnati Bengals from the case.

WCABEn BancReconsiderationLabor Code § 3600.5(b)ExemptionExtraterritorial ProvisionsOhio Workers' CompensationSelf-Insured EmployerTemporary EmploymentCumulative Injury
References
51
Case No. ADJ2295331 (ANA 0397551)
Significant
Jun 18, 2013

Wesley Carroll vs. Cincinnati Bengals, New Orleans Saints, Louisiana Workers' Compensation Corporation, Travelers Insurance

The Appeals Board held that an out-of-state employee and employer are exempt from California's workers' compensation system under Labor Code section 3600.5(b) when the employee is only temporarily in California, the employer provides coverage under another state's similar laws, and that state offers reciprocal exemption to California employers. Consequently, the Cincinnati Bengals were dismissed as a defendant.

Workers' Compensation Appeals BoardEn Banc DecisionLabor Code § 3600.5(b)Extraterritorial CoverageTemporary EmploymentSelf-Insured EmployerOhio Workers' Compensation LawReciprocityCumulative InjuryHire Outside of California
References
47
Case No. MISSING
Regular Panel Decision
Apr 14, 2005

Vincenty v. Cincinnati Inc.

The case involves an appeal from an order that denied defendant Cincinnati’s cross motion for summary judgment. Plaintiff, a factory worker, lost fingers in an accident while operating a press brake machine designed and marketed by Cincinnati. Plaintiff alleged design defects and failure to issue adequate warnings. The court found that Cincinnati failed to make a prima facie showing of entitlement to summary judgment, citing questions of fact regarding the availability of a safer design at the time of manufacture (1967) and the adequacy of warnings, particularly given that the machine was marketed for unskilled operators. The order denying Cincinnati’s cross motion for summary judgment was unanimously affirmed.

Product LiabilityDesign DefectFailure to WarnSummary JudgmentPress Brake MachineFactory AccidentWorkers' InjuryManufacturing LawPostsale WarningExpert Testimony
References
6
Case No. 92 Misc 2d 220
Regular Panel Decision
Dec 08, 1977

Nizamuddowlah v. Bengal Cabaret, Inc.

Plaintiff, an undocumented immigrant, was employed as a waiter by defendant Wadud's restaurant. Despite working for an extended period, the plaintiff was not paid his wages. He eventually obtained legal status and commenced an action under the Minimum Wage Act. The defendants argued that the plaintiff's illegal immigration status during most of his employment precluded recovery. The Supreme Court, Queens County, ruled in favor of the plaintiff. On appeal, the judgment was affirmed, with the court stating that an individual's status as an illegal alien does not bar recovery under the Minimum Wage Act, as the statute protects all employees and preventing unjust enrichment is crucial.

Illegal alien employmentMinimum Wage Actunpaid wagesunjust enrichmentlabor law violationsimmigration statusemployee rightsappellate reviewnonjury trialQueens County
References
1
Case No. ADJ1220066 (ANA 0400607)
Regular
Dec 07, 2009

EDDIE BROWN vs. CINCINNATI BENGALS, Self-Insured

The WCAB rescinds the February 26, 2009 Findings and Award and returns the case to the trial level for development of the record and a new decision.

Workers' Compensation Appeals BoardCalifornia jurisdictionLabor Code section 3600.5(b)self-insured employerprofessional football playerextraterritorial provisionsreciprocityprima facie evidencecumulative trauma injurytemporary employee
References
15
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