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Case Law Database

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

Case No. ADJ11706407
Regular
Apr 15, 2025

Matthew Hatchette vs. Oakland Raiders, TIG/Fairmont Premier Insurance Company, Jacksonville Jaguars, ACE American Insurance Company, New York Jets, USF&G, Chubb, Pacific Employers Insurance

This case concerns Matthew Hatchette, a former professional football player, and his claims of continuous trauma injuries against multiple NFL teams and their insurers. Defendant Jacksonville Jaguars filed a Petition for Reconsideration challenging the Workers' Compensation Administrative Law Judge's (WCJ) findings regarding jurisdiction and the applicability of res judicata. The Workers' Compensation Appeals Board (WCAB) granted the petition to conduct a thorough review of the factual and legal issues, thereby deferring a final decision on the merits. The Board's decision also addressed the timeliness of the petition under the recently amended Labor Code section 5909.

Workers' Compensation Appeals BoardMatthew HatchetteOakland RaidersJacksonville JaguarsNew York JetsTIG/Fairmont Premier Insurance CompanyChubbUSF&GGallagher Bassett ServicesZenith Insurance Company
References
Case No. ADJ7828286
Regular
Oct 09, 2013

REGINALD GERMANY vs. BUFFALO BILLS, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinding the prior decision that California lacked jurisdiction over the applicant's cumulative trauma injury claim. The WCAB found that the prior judge improperly applied personal jurisdiction principles. The case is returned for further proceedings to determine if defendants are exempt from WCAB jurisdiction under Labor Code section 3600.5(b) or if jurisdiction should be declined based on a mandatory forum selection clause and limited connection to California, as established in relevant en banc decisions.

Workers' Compensation Appeals BoardCumulative Trauma InjuryJurisdictionProfessional Football PlayerMcKinley v. Arizona CardinalsLabor Code Section 3600.5(b)Carroll v. Cincinnati BrownsForum Selection ClauseLimited Connection to CaliforniaExtraterritorial Provisions
References
Case No. ADJ13302605; ADJ15813943
Regular
Mar 07, 2023

MATTHEW WARE vs. ARIZONA CARDINALS FOOTBALL CLUB, LLC, GREAT DIVIDE INSURANCE COMPANY C/O BERKLEY ENTERTAINMENT

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, reversing the WCJ's order to set the case for a Mandatory Settlement Conference on all issues. The Board found good cause to bifurcate and try the threshold issues of California subject matter and personal jurisdiction first. Bifurcating these jurisdictional issues is deemed more efficient, as a favorable ruling for the defendant would avoid further litigation. This decision prioritizes an expedited resolution of jurisdiction to facilitate the prompt delivery of potential benefits.

Petition for RemovalMandatory Settlement ConferenceBifurcationJurisdictionSubject Matter JurisdictionPersonal JurisdictionSpecial AppearanceDeclaration of ReadinessDiscoveryGood Cause
References
Case No. ADJ7617012, ADJ8069518
Regular
Jan 08, 2016

MARIANA CASTRO vs. DENTAL MANAGEMENT SERVICE dba SA SOLEIMANI DENTAL CORPORATION, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a stipulation and order to pay a lien claimant. The defendant argued the judge lacked jurisdiction as the lien claimant had been previously dismissed for failing to appear at a conference. The Board found the judge acted in excess of jurisdiction by approving the order while the dismissal order was still in effect. Good cause existed to rescind the order because the lien claimant was properly dismissed and failed to seek rescission before appearing at trial.

Workers Compensation Appeals BoardLien Claimant DismissalPetition for ReconsiderationStipulation and OrderJurisdictionVoidable OrderGood CauseRescissionLabor CodeLien Conference
References
Case No. ADJ1303018 (ANA 0382837)
Regular
May 18, 2009

GEORGE T. JOHNSON vs. NEW JERSEY NETS, INA/ACE USA, SEATTLE SUPERSONICS, WASHINGTON STATE DEPARTMENT OF LABOR & INDUSTRY

The Workers' Compensation Appeals Board (WCAB) rescinded a prior ruling finding California had jurisdiction over Washington State Department of Labor & Industries (Washington L&I) in a claim by former NBA player George T. Johnson. The WCAB determined personal jurisdiction over Washington L&I was not established and that the issue is moot unless Washington L&I was duly authorized to provide workers' compensation insurance in California per Labor Code section 3700. The case is returned to the trial level to determine if the employer, Seattle Supersonics, was lawfully insured or self-insured in California during the alleged injury period, which could result in Seattle being held liable as an uninsured employer.

Workers' Compensation Appeals BoardWashington State Department of Labor & IndustriesSeattle Supersonicsjurisdictionsubject matter jurisdictionpersonal jurisdictioncumulative trauma injuryprofessional basketball playeruninsured employerduly authorized insurer
References
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
Case No. ADJ9519790
Regular
Sep 10, 2019

MARK CARREON vs. CLEVELAND INDIANS, SAN FRANCISCO GIANTS

This case concerns the Cleveland Indians' petition for reconsideration, arguing that California workers' compensation jurisdiction is barred under Labor Code Section 3600.5(d) due to the applicant's last year of employment with the Jackson Diamond Cats. The Board affirmed the original award, finding the Indians failed to meet their burden of proving the exemption. The applicant's employment with the Diamond Cats was not established as "professional athlete" employment under the statute, nor was it proven that the Diamond Cats qualified for exemption under Section 3600.5(c) as the applicant did not work in California for that team. Furthermore, the Indians failed to identify or prove any other law exempting the Diamond Cats from California jurisdiction.

Labor Code 3600.5WCAB jurisdictionprofessional athlete exemptioncumulative trauma injuryMark CarreonCleveland IndiansSan Francisco GiantsCIGAGallagher BassettJackson Diamond Cats
References
Case No. ADJ282767 (AHM 0149033)
Regular
Oct 03, 2011

GARY WALKER vs. HOUSTON INDEMNITY, TEXANS, TRAVELERS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an award to applicant Gary Walker. The original award found Walker sustained industrial injury as a professional athlete, resulting in 92% permanent disability and need for further medical treatment. The defendant's argument that an employment contract prohibited this California claim, including choice of law and venue, was rejected. This contractual issue was not raised at trial, thus waived, and the Board also asserted its own jurisdiction.

Industrial injuryProfessional athletePermanent disabilityFurther medical treatmentEmployment contractChoice of lawVenueJurisdictionPersonal jurisdictionSubject matter jurisdiction
References
Case No. ADJ8633880, ADJ10779885, ADJ11568830
Regular
Nov 20, 2019

STEVE BRYANT vs. INDIANAPOLIS COLTS, TRAVELERS INDEMNITY COMPANY, HOUSTON OILERS, FAIRMONT PREMIER/TIG INSURANCE COMPANY

The Appeals Board granted applicant's petition for removal, overturning the WCJ's order to bifurcate and try only jurisdictional issues in one case. The Board found this piecemeal trial would cause substantial prejudice and irreparable harm to the applicant by forcing multiple appearances and prolonged litigation. The Board ordered consolidation of all remaining disputed issues in both cases for a single trial, allowing for potential additional discovery. This decision clarifies that the Indianapolis Colts and Travelers remain parties defendant in ADJ8633880, and all issues between them and the applicant must be resolved together.

Workers' Compensation Appeals BoardPetition for RemovalMandatory Settlement ConferenceJurisdictionPersonal JurisdictionSubject Matter JurisdictionLabor Code Section 3600.5Professional AthleteCumulative TraumaCompromise and Release
References
Case No. ADJ7014186
Regular
Apr 08, 2013

JESSIE KENLAW vs. HOUSTON COMETS, FEDERAL INSURANCE COMPANY

This case concerns whether the California Workers' Compensation Appeals Board (WCAB) has jurisdiction over an injury sustained by Jessie Kenlaw, a coach, while employed by the Houston Comets. The defendant argued that California jurisdiction was improper as the applicant was not a resident, the contract was outside California, and the injury did not occur within the state. The WCAB affirmed the administrative law judge's finding of jurisdiction, determining that the applicant's work activities in California, though temporary, were a contributing cause of her cumulative trauma injury. The Board found sufficient evidence of these California-based activities and their causal link to the injury, rejecting the defendant's argument that de minimis exposure negates jurisdiction.

Workers' Compensation Appeals Boardcumulative traumaindustrial injuryjurisdictionextraterritorial jurisdictionLabor Code section 3600.5(b)date of injurycompensable disabilitycontributing causeAgreed Medical Examiner
References
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