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

Case No. ADJ7225815
Regular
Jun 27, 2012

MICHAEL BARROW vs. WASHINGTON REDSKINS, DALLAS COWBOYS FOOTBALL CLUB, NEW YORK GIANTS, TENNESSEE TITANS, CAROLINA PANTHERS, GREAT DIVIDE INSURANCE administered by BERKLEY SPECIALTY UNDERWRITING MANAGERS, LLC, LEGION INSURANCE in liquidation by CIGA, TRAVELERS

The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding that it had jurisdiction over the Dallas Cowboys for applicant Michael Barrow's injury claim. The WCAB determined that while applicant's agent, a California resident, negotiated the contract and communicated acceptance from Los Angeles, this action alone did not establish a "contract of hire" made in California. Crucially, the applicant himself was not in California at the time of acceptance, and the contract required his personal signature to be fully binding. Therefore, the WCAB lacked jurisdiction over this extraterritorial claim against the Dallas Cowboys.

WCABjurisdictioncontract of hireextraterritorial claimLabor Code 3600.5(a)Labor Code 5305out-of-state injuryprofessional football playeragent authorityoral acceptance
References
Case No. ADJ7233546
Regular
Apr 12, 2013

REGINALD SWINTON vs. ARIZONA CARDINALS, GREAT DIVIDE INSURANCE COMPANY, BERKLEY SPECIALTY UNDERWRITING MANAGERS, LLC, DALLAS COWBOYS, TRAVELERS, SEATTLE SEAHAWKS, PSI

This Workers' Compensation Appeals Board decision affirms a prior administrative law judge's finding in the case of Reginald Swinton. The Board adopted the judge's report and recommendation without further elaboration. Therefore, the original May 31, 2012, Findings and Order remain in effect. The specific details of the claim against the Arizona Cardinals, Dallas Cowboys, and Seattle Seahawks were not detailed in this excerpt.

Reginald SwintonArizona CardinalsGreat Divide Insurance CompanyBerkley Specialty Underwriting ManagersDallas CowboysTravelersSeattle SeahawksPSIADJ7233546Anaheim District Office
References
Case No. ADJ7983986
Regular
Apr 07, 2023

DANIEL NOONAN vs. DALLAS COWBOYS

The Workers' Compensation Appeals Board (WCAB) has dismissed a petition for reconsideration filed by the defendant, Dallas Cowboys, in the case of Daniel Noonan. The dismissal is based solely on the fact that the petitioner voluntarily withdrew their petition. Consequently, the WCAB has formally ordered the petition for reconsideration to be dismissed.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardAdjudication NumberVan Nuys District OfficeCommissionerApplicantDefendantService
References
Case No. ADJ8128265
Regular
Feb 05, 2015

WILLIAM GARNETT vs. DALLAS BASKETBALL LTD (DALLAS MAVERICKS), INSURANCE COMPANY OF NORTH AMERICA/ACE USA, INDIANA PACERS

The Workers' Compensation Appeals Board (WCAB) affirmed a decision denying jurisdiction over applicant William Garnett's cumulative trauma claim. Garnett, a former professional basketball player, argued he sustained injury while playing for the Dallas Mavericks and Indiana Pacers, with over 20 games played in California. However, the WCAB found Garnett's contacts with California insufficient, deeming the 22 games played as de minimis based on the *Johnson* precedent. The Board concluded that constitutional due process required a sufficient relationship between the injury and the state, which was not met here.

Workers' Compensation Appeals BoardCumulative TraumaJurisdictionDe MinimisJohnsonMcKinleyProfessional AthleteNBAIndiana PacersDallas Mavericks
References
Case No. ADJ8838881
Regular
Jul 11, 2014

ALEXANDER ENGLISH vs. DALLAS MAVERICKS, ZENITH INSURANCE COMPANY

This case involves a petition for removal filed by the defendants, Dallas Mavericks and Zenith Insurance Company. The Workers' Compensation Appeals Board dismissed the petition because it was filed on June 18, 2014, which was untimely. The original decision was issued on April 8, 2014, and the petitioner failed to file within the required 20-day period for personal service. The Board clarified that the 20-day deadline, not 25 days, applied, making the petition due by April 28, 2014.

Petition for RemovalUntimely FilingPersonal Service20-day DeadlineWCJ ReportStrom v. Workers' Comp. Appeals Bd.ADJ8838881Oakland District OfficeWorkers' Compensation Appeals BoardDALLAS MAVERICKS
References
Case No. ADJ81 82118
Regular
Mar 25, 2016

ROBERT DALLAS vs. PAN PACIFIC PETROLEUM, NATIONAL UNION FIRE INSURANCE COMPANY

This case concerns an applicant's industrial back injury and a dispute over authorization for spinal surgery. The defendant failed to provide a required second written notification of their Utilization Review (UR) decision to the applicant's physician and the applicant. Citing the *Bodam* precedent, the Appeals Board held that a UR decision, even if timely made, is invalid if not properly communicated. Consequently, the Board affirmed the Workers' Compensation Judge's award of surgery, determining its necessity based on available evidence.

Workers' Compensation Appeals BoardRobert DallasPan Pacific PetroleumNational Union Fire Insurance CompanyAIG Property CasualtyADJ8182118Opinion and Decision After ReconsiderationWorkers' Compensation Judge (WCJ)Industrial InjuryBack Injury
References
Case No. ADJ7763837
Regular
Jun 27, 2012

ANTHONY DORSETT vs. DENVER BRONCOS, DALLAS COWBOYS

The Denver Broncos petitioned to remove a workers' compensation case, arguing a prior settlement (ADJ4142902) barred the current claim (ADJ7763837) under res judicata. However, the Board denied the petition because the defendant failed to produce evidence of the prior settlement during discovery, preventing them from proving their claim. Therefore, the administrative law judge correctly continued the case to a status conference. The Board affirmed the ALJ's decision, denying the defendant's petition for removal.

Petition for RemovalRes JudicataCompromise and ReleaseDuplicative ClaimAdministrative Law JudgeAppeals BoardPrior ClaimIndustrial InjuryProfessional Football PlayerMandatory Settlement Conference
References
Case No. ADJ4519826 (AHM 0143791)
Regular
Oct 19, 2011

DEMAR MARTAY JENKINS vs. ARIZONA CARDINALS, DALLAS COWBOYS, ARIZONA RATTLERS, et al.

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision finding California jurisdiction over the applicant's claim against the Arizona Rattlers. The Board found that the contract of hire was not made in California, as the applicant signed the agreement in Arizona and retained the ability to reject it. Therefore, California lacks jurisdiction over the claim against the Arizona Rattlers, and the applicant will take nothing from this defendant.

Workers' Compensation Appeals BoardContract of HireJurisdictionArizona RattlersSCF ArizonaAvizent AnaheimWCJLabor Code Section 5305Labor Code Section 3600.5(a)Laeng v. Workmen's Comp. Appeals Bd.
References
Case No. ADJ9093456, ADJ9996405, ADJ9996406
Regular
Jan 19, 2023

OTTO STOWE vs. DALLAS COWBOYS, DENVER BRONCOS, LOS ANGELES RAMS, TRAVELERS, CIGA

This case involves an applicant seeking removal of a prior order, arguing prejudice from the denial of his Labor Code section 5500.5 election and refusal to allow evidence regarding a guardian ad litem. The Appeals Board granted removal, finding that the applicant's competency and need for a guardian ad litem must be determined before proceeding. Consequently, the prior order was rescinded, and the case was returned to the trial level for a hearing on the guardian ad litem issue.

Petition for RemovalGuardian ad LitemLabor Code section 5500.5Competency determinationRescinded OrderReturn to Trial LevelIncompetent injured workerWorkers' Compensation Appeals BoardAdministrative law judgePrejudice
References
Case No. ADJ 7233546
Regular
Jun 14, 2016

REGINALD SWINTON vs. ARIZONA CARDINALS, GREAT DIVIDE INSURANCE COMPANY, DALLAS COWBOYS, TRAVELERS INSURANCE COMPANY, SEATTLE SEAHAWKS

This case affirmed the Workers' Compensation Appeals Board's (WCAB) jurisdiction over a professional football player's cumulative injury claim. The Board found that the defendant waived objections regarding insufficient connection to California and forum selection clauses by actively litigating the claim for years. These defenses were not timely raised and were thus forfeited. Therefore, the WCAB's previous award of benefits and permanent disability without apportionment was upheld.

Workers Compensation Appeals BoardCumulative Industrial InjuryProfessional Football PlayerSubject Matter JurisdictionDue ProcessForum Selection ClauseWaiverReconsiderationFindings & Award & OrderLabor Code § 5500.5(c)
References
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