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Case Law Database

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

Case No. ADJ9674694
Regular
Feb 02, 2016

RAMONDA WALKER vs. PETROCHEM INSULATION, INC., ACE AMERICAN INSURANCE COMPANY

This case concerns whether the California Workers' Compensation Appeals Board (WCAB) has jurisdiction over an applicant's claim for an injury sustained while working in Utah. The applicant, hired by a California-based company, argues California has jurisdiction because the company is based there, he paid California taxes, and he was directed to join a California union. However, the WCAB affirmed the finding that it lacked jurisdiction, as the applicant was hired and injured outside of California. The Board held that the location of the hiring and the injury are determinative for jurisdiction, not the employer's location or the applicant's tax payments.

JurisdictionContract of HireLabor Code § 5305Labor Code § 3600.5(a)WCABIndustrial InjuryPetrochem InsulationInc.Ramonada WalkerReconsideration
References
14
Case No. ADJ8627678, ADJ9943128, ADJ10043893, ADJ10043895, ADJ10043897, ADJ10044825
Regular
Mar 12, 2020

VERONICA HARRISON vs. SOUTHWEST AIRLINES, ACE INSURANCE

This case involves an employee who sustained multiple injuries while working for Southwest Airlines across various locations. The Workers' Compensation Appeals Board (WCAB) initially declined jurisdiction over injuries occurring outside California, finding the employee's transfers constituted new hires. However, on reconsideration, the WCAB reversed this, holding that the initial California hiring created sufficient jurisdiction for out-of-state injuries under Labor Code sections 3600.5 and 5305. Consequently, the WCAB remanded claims to the Workers' Compensation Judge to address previously deferred issues, including temporary disability benefits for a disputed period.

WCABApplication for Adjudication of Claimcumulative injuryspecific injuryvenuejurisdictionLabor Code Sections 3600.5(a)5305arising out of and in the course of employment (AOE/COE)contract of hire
References
6
Case No. ADJ8180232
Regular
Sep 13, 2017

HUBERT OLIVER vs. PHILADELPHIA EAGLES, ACE/ESIS, INDIANAPOLIS COLTS, TRAVELERS INDEMNITY COMPANY, HOUSTON OILERS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for HOME INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to review a judge's finding of no California jurisdiction over a professional football player's injury claim. The Board will consider whether the applicant was hired in California and if playing two games here creates sufficient connection for jurisdiction under the *Johnson* decision. The applicant will be allowed to file a supplemental brief referencing trial transcripts, and all parties will have an opportunity to brief the Board's intention to rule on the sufficiency of California's interest in adjudicating the claim.

Workers' Compensation Appeals BoardCalifornia jurisdictionindustrial injuryprofessional football playeremployment contractssubject matter jurisdictionsupplemental briefingcumulative traumaFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)due process
References
6
Case No. ADJ6426842
Regular
Jul 22, 2013

DAN FIKE vs. BALTIMORE RAVENS/CLEVELAND BROWNS

This case concerns a claim for cumulative industrial injury by a professional football player against his former employer. The Workers' Compensation Appeals Board affirmed the administrative law judge's decision that California lacked jurisdiction over the claim. This was based on Labor Code section 3600.5(b), which exempts employees hired outside California and temporarily working within the state, provided the employer has extraterritorial coverage with another state that reciprocally exempts California. The employer, the Browns, successfully demonstrated these conditions were met under Ohio law.

Labor Code section 3600.5extraterritorial provisionsregularly employedtemporarily in Californiahired outside of Californiaself-insured employerOhio workers' compensation lawsCalifornia workers' compensation lawcumulative industrial injuryprofessional football player
References
1
Case No. ADJ1322108 (ANA 0407206)
Regular
Jul 22, 2013

GLEN YOUNG vs. BALTIMORE RAVENS/CLEVELAND BROWNS, PHILADELPHIA EAGLES, ACE USA

This case concerns the defendant's claim of exemption from California workers' compensation law under Labor Code section 3600.5(b). The Appeals Board found that the applicant, a professional football player hired outside California, was only temporarily working in the state. Based on precedent established in *Carroll v. Cincinnati Bengals*, the Board determined that all conditions for exemption were met, as the employer provided coverage under Ohio law, and Ohio law reciprocally exempts California employers. Consequently, the initial award of permanent disability and future medical treatment was rescinded, and the defendant was dismissed from the case.

Labor Code section 3600.5(b)extraterritorial provisionsprofessional football playercumulative industrial injurypermanent disabilityfuture medical treatmentpetition for reconsiderationen banc decisionCarroll v. Cincinnati BengalsOhio workers' compensation
References
1
Case No. ADJ6985663
Regular
Nov 09, 2012

ROME DOUGLAS vs. NEW YORK GIANTS, TRAVELERS INDEMNITY CO., WORLD LEAGUE OF AMERICAN FOOTBALL, TIG INSURANCE CO., RISK ENTERPRISE MANAGEMENT, THE ST. LOUIS RAMS, TRAVELERS INDEMNITY CO., GULF INSURANCE CO.

This case concerns an applicant who sustained numerous injuries, including to his neck, back, and head, resulting in 84% permanent disability. The Workers' Compensation Appeals Board (WCAB) denied TIG Insurance's petition for reconsideration regarding jurisdiction over the applicant's claim against NFL Europe. The WCAB found that the applicant, a California resident, entered into contracts of hire with NFL Europe via telephone in California before traveling to training camps and signing written agreements out of state. This established WCAB jurisdiction over the applicant's out-of-state injury, despite subsequent events like physical examinations and contract signings occurring outside California.

WCABPetition for ReconsiderationAmended Findings Award and Ordercumulative traumapermanent disabilityNFL Europecontract of hireout-of-state injuryjurisdictionLabor Code section 5305
References
0
Case No. ADJ8691809
Regular
Apr 14, 2017

NICOLE BORAGNO vs. STATE OF CALIFORNIA, CDCR - CENTRAL CALIFORNIA WOMEN'S FACILITY CHOWCHILLA, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This case involves Nicole Boragno's workers' compensation claim against the State of California, CDCR. The applicant sought reconsideration of a decision denying the admission of a supplemental medical report. The WCAB denied reconsideration, adopting the WCJ's report which found the supplemental report inadmissible. This was because discovery had closed at the mandatory settlement conference, and the defendant failed to establish good cause for introducing evidence not previously disclosed. The WCJ noted there was no change in circumstances to warrant the late-filed report, distinguishing it from precedent that allows such reports.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationmandatory settlement conferencediscovery closureLabor Code section 5502(d)(3)good causesupplemental reportPQMEapportionmenttimeliness
References
2
Case No. ADJ4213301 (ANA 0398168)
Regular
Apr 01, 2015

REGGIE STEPHENS vs. NASHVILLE KATS, GREAT DIVIDE INSURANCE COMPANY, KANSAS CITY CHIEFS, TIG INSURANCE COMPANY

The Appeals Board affirmed the finding that the applicant was hired in California, establishing jurisdiction for workers' compensation claims under Labor Code sections 3600.5(a) and 5305. The Board found that accepting an employment offer by telephone in California constituted hiring, regardless of subsequent contract signing elsewhere. This hiring connection was deemed sufficient to support jurisdiction, overriding contractual choice-of-law provisions that conflicted with California's public policy protecting workers' compensation rights. The case was returned for further proceedings consistent with this decision.

Workers' Compensation Appeals BoardWCABcumulative industrial injuryoral contract of hirechoice of law provisionjurisdictioncontract of hireconditions subsequentforum selection clausepublic policy
References
23
Case No. MISSING
Regular Panel Decision

Official Committee of Unsecured Creditors of 360networks (USA) Inc. v. Public Utilities Commission of California (In Re 360networks (USA) Inc.)

The Official Committee of Unsecured Creditors of 360networks (USA) Inc. (Debtors) initiated an adversary proceeding against the Public Utilities Commission of the State of California (CPUC) seeking to avoid certain fee payments as preferential transfers under the Bankruptcy Code. The CPUC moved to dismiss the action, asserting Eleventh Amendment sovereign immunity and arguing the court lacked jurisdiction. Judge Allan L. Gropper denied the CPUC's motion, concluding that the court holds in rem jurisdiction over the debtor's property in a preference action. The Court determined that the exercise of this jurisdiction would not offend state sovereignty, citing various forms of potential relief available, including the disallowance of claims by other California state instrumentalities.

Bankruptcy LawSovereign ImmunityEleventh AmendmentIn Rem JurisdictionPreference ActionMotion to DismissPublic Utilities CommissionCalifornia Environmental Quality ActDebtor-Creditor RelationsFederal Jurisdiction
References
45
Case No. ADJ10779733
Regular
Feb 26, 2020

THOMAS WILSON vs. FLORIDA MARLINS, ACE AMERICAN INSURANCE, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a professional athlete's workers' compensation claim where the central issue is whether California jurisdiction is precluded by Labor Code sections 3600.5(c) and (d) concerning out-of-state athletes. The Board found these exemptions inapplicable because the applicant had multiple California contracts of hire during his cumulative trauma injury period, aligning with California's general jurisdictional rules. The Board interpreted the intent of the statutory amendments to be the limitation of claims by out-of-state athletes with minimal California contacts, not those with established hire in the state. Therefore, the applicant's claim may proceed in California.

Labor Code Section 3600.5Professional Athlete ExceptionCumulative TraumaContract of HireJurisdictionOut-of-State EmployersCalifornia-Based TeamDuty DaysTemporary WorkLegislative Intent
References
13
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