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

Case No. ADJ6579284

Regular

Oct 09, 2025

Paul Smith III vs. Denver Broncos Football, Great Divide Insurance Company

The Denver Broncos Football filed a petition for removal contesting a joinder order issued by a Workers' Compensation Administrative Law Judge (WCJ). The Workers' Compensation Appeals Board reviewed the petition, the applicant's answer, and the WCJ's Report and Recommendation. The Board denied the petition for removal, emphasizing that removal is an extraordinary remedy. It concluded that the petitioner failed to demonstrate substantial prejudice or irreparable harm, and that reconsideration would not be an inadequate remedy if an adverse final decision were to be issued.

Petition for RemovalOrder of JoinderWorkers' Compensation Appeals BoardWCJSubstantial PrejudiceIrreparable HarmReconsiderationAdmitted EvidenceSubstantial EvidenceHolmberg

References

Case No. ADJ8714414

Regular

Feb 20, 2018

ALLEN LEAVELL vs. HOUSTON ROCKETS, TIG INSURANCE COMPANY/FAIRMONT SPECIALTY INSURANCE COMPANY, TULSA FAST BREAKERS, COMPSOURCE OKLAHOMA

The applicant, Allen Leavell, sought reconsideration of a prior decision denying California's workers' compensation jurisdiction over his cumulative trauma claim. The Appeals Board denied reconsideration, finding insufficient California-based injury exposure. Applicant's argument that his California games were qualitatively more traumatic was unsupported by medical evidence. The Board affirmed that playing approximately 11% of games in California is insufficient to establish constitutional due process for jurisdiction under the precedent set in *Federal Insurance Co. v. WCAB (Johnson)*.

Workers' Compensation Appeals BoardSubject Matter JurisdictionPersonal JurisdictionCumulative TraumaSpecific InjuryLabor Code Section 3600.5Constitutional Due ProcessFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)De MinimisInjurious Exposure

References

Case No. ADJ16528931

Regular

Apr 25, 2025

Marisa Kelly vs. Sacramento County Child Protective Services, PSI, County of Sacramento

Defendant sought reconsideration of a Findings of Fact, Awards and Orders (F&O) issued on February 5, 2025, which found that the applicant, Marisa Kelly, sustained a work-related psychiatric injury. The defendant contended that the medical evidence supporting this finding, specifically from the Panel Qualified Medical Examiner (PQME), was not substantial. The Workers' Compensation Appeals Board, after reviewing the petition and the WCJ's report, determined that the PQME's reasoning clearly supported the causation of the applicant's temporary disability and need for medical treatment. The Board concluded that the PQME's use of 'exacerbation' instead of 'aggravation' was immaterial, and therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardSacramento County Child Protective ServicesMarisa KellyPetition for ReconsiderationFindings of Fact Awards and OrdersInjury Arising Out of and Occurring in the Course of EmploymentAOE/COEPsycheMedical EvidencePanel Qualified Medical Examiner

References

Case No. ADJ8574285

Regular

Jan 24, 2017

CALE HULSE vs. CALGARY FLAMES, FEDERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board reversed a prior award, finding California lacked subject matter jurisdiction over the applicant's cumulative trauma claim. The Board determined that the applicant, a professional hockey player, had insufficient connection to California, playing only 25-42 games out of over 848 total games. This minimal contact, insufficient for a legitimate and substantial interest, meant requiring the defendant to litigate in California would violate due process, as established in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*. Therefore, the applicant was awarded nothing.

Workers Compensation Appeals BoardCalgary FlamesFederal Insurance CompanyCale HulseSubject Matter JurisdictionCumulative Trauma InjuryProfessional Hockey PlayerDue ProcessFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)Legitimate Interest

References

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

Case No. ADJ7993918

Regular

Feb 05, 2015

DURAND RUDY MACKLIN vs. LOS ANGELES CLIPPERS, ATLANTA HAWKS, INSURANCE COMPANY OF NORTH AMERICA, NEW YORK KNICKS

This case concerns a professional basketball player's cumulative trauma injury claim. The Workers' Compensation Appeals Board (WCAB) affirmed the administrative law judge's decision to exercise jurisdiction, finding that the applicant's employment in California with the Los Angeles Clippers established sufficient connection to the state. The WCAB also held that the New York Knicks, despite not employing the applicant on the defined "date of injury," is liable under Labor Code section 5500.5 as they employed the applicant during the statutorily defined period preceding the last injurious exposure. The defendants' contentions regarding insufficient medical evidence and lack of jurisdiction were rejected.

Workers' Compensation Appeals BoardCumulative TraumaProfessional Basketball PlayerJurisdictionFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)Qualified Medical EvaluatorSubstantial Medical EvidenceLabor Code Section 5300Labor Code Section 5301Due Process

References

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Paul Smith III vs. Denver Broncos Football, Great Divide Insurance Company

Petition for RemovalOrder of JoinderWorkers' Compensation Appeals BoardWCJSubstantial PrejudiceIrreparable HarmReconsiderationAdmitted EvidenceSubstantial EvidenceHolmberg

ALLEN LEAVELL vs. HOUSTON ROCKETS, TIG INSURANCE COMPANY/FAIRMONT SPECIALTY INSURANCE COMPANY, TULSA FAST BREAKERS, COMPSOURCE OKLAHOMA

Marisa Kelly vs. Sacramento County Child Protective Services, PSI, County of Sacramento

CALE HULSE vs. CALGARY FLAMES, FEDERAL INSURANCE COMPANY

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

DURAND RUDY MACKLIN vs. LOS ANGELES CLIPPERS, ATLANTA HAWKS, INSURANCE COMPANY OF NORTH AMERICA, NEW YORK KNICKS