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

Case No. ADJ7672393
Regular
Mar 07, 2013

MAURICE WILLIAMS vs. JACKSONVILLE JAGUARS, USF&G, ACE INSURANCE

This case concerns Maurice Williams, a former professional football player for the Jacksonville Jaguars, who sought workers' compensation benefits in California for a cumulative injury sustained between 2001 and 2009. While a portion of his employment exposed him to California, his contracts from 2007-2011 contained a mandatory forum selection clause requiring all injury claims to be resolved in Florida under Florida law. The Board affirmed the trial judge's decision to decline jurisdiction, finding the forum selection clause to be reasonable and binding for the latter portion of the cumulative injury period. Enforcement of the clause was not deemed unreasonable or unjust, and the applicant failed to demonstrate why California jurisdiction should be exercised despite the contractual agreement.

Workers' Compensation Appeals BoardJacksonville JaguarsUSF&GACE INSURANCEOpinion and Decision After Reconsiderationindustrial injuryorthopedic body partscumulative injurysubject matter jurisdictionforum selection clause
References
Case No. ADJ7460656
Significant
Jan 15, 2013

Dennis McKinley vs. Arizona Cardinals, The Travelers Indemnity Company

The Appeals Board affirmed the WCJ's decision, holding that it will decline to exercise jurisdiction over a cumulative injury claim when a reasonable mandatory forum selection clause in an employment contract specifies another state's forum, and the employee's connection to California is limited.

En banc decisionForum selection clauseCumulative injuryProfessional football playerArizona CardinalsLimited connection to CaliforniaEmployment contractIndustrial Commission of ArizonaPublic policyUnreasonable forum
References
Case No. ADJ7593509
Regular
Apr 08, 2013

ELLIS WYMS vs. TAMPA BAY BUCCANEERS, ACE/PACIFIC EMPLOYERS

The Appeals Board granted reconsideration of a workers' compensation award, rescinding the prior decision and returning the case for further proceedings. This action was based on the defendant's contention that a mandatory forum selection clause in the applicant's employment contracts required claims to be filed in Florida. The Appeals Board cited its en banc decision in *McKinley v. Arizona Cardinals*, which established that the central issue is whether California should enforce such a clause, not merely whether it has jurisdiction. Upon remand, both parties will have the opportunity to present evidence and arguments regarding the enforceability of the forum selection clause.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinding and AwardFootball PlayerForum Selection ClauseMcKinley v. Arizona CardinalsEn Banc DecisionCumulative Industrial InjuryEmployment ContractsMandatory Forum Selection
References
Case No. ADJ7460656
En Banc
Jan 15, 2013

DENNIS MCKINLEY vs. ARIZONA CARDINALS, THE TRAVELERS INDEMNITY COMPANY

The Appeals Board affirmed the WCJ's decision, declining to exercise jurisdiction over a cumulative injury claim due to a reasonable mandatory forum selection clause in the employment contract specifying Arizona as the forum, coupled with the applicant's limited connection to California.

WORKERS' COMPENSATION APPEALS BOARDEN BANCCUMULATIVE INJURYPROFESSIONAL FOOTBALL PLAYERARIZONA CARDINALSTRAVELERS INDEMNITY COMPANYFORUM SELECTION CLAUSEMANDATORY FORUMLIMITED CONNECTIONEMPLOYMENT CONTRACT
References
Case No. ADJ10069789 MF ADJ10069817 ADJ10069939
Regular
Feb 02, 2017

ANTHONY SMITH vs. TW TRANSPORTATION

In this workers' compensation case, the applicant was hired in California but signed an employment contract with a choice-of-law clause selecting Washington law and forum. The WCAB granted reconsideration, reversing the administrative law judge's prior order to adjudicate in Washington. The Board found that hiring in California is a sufficient connection to establish WCAB jurisdiction, superseding the choice-of-law clause due to California's strong public policy interest in workers' compensation claims. Therefore, the applicant's claims will be adjudicated in California.

WCABJurisdictionLabor Code Section 3600.5(a)Contract of HireForum Selection ClauseChoice of Law ProvisionReconsiderationFindings of FactMcKinley v. Arizona CardinalsPalma
References
Case No. ADJ6648503
Regular
Aug 19, 2013

KENYATTA WALKER vs. TAMPA BAY BUCCANEERS, ACE PACIFIC EMPLOYERS

The Appeals Board granted reconsideration, rescinded the WCJ's prior award, and returned the case for further proceedings. The Board found that the WCJ should have considered the enforceability of a forum selection clause in the employment contract, which dictates jurisdiction in Florida. This decision was based on a new en banc ruling establishing precedent for declining jurisdiction when such clauses exist and have a limited connection to California. The case will be re-heard to fully address the forum selection clause and its impact on jurisdiction and the applicant's claims.

WCABKenyatta WalkerTampa Bay BuccaneersACE Pacific EmployersADJ6648503Petition for ReconsiderationFindings and AwardIndustrial InjuryProfessional Football PlayerCumulative Period
References
Case No. ADJ7045808
Regular
Jan 22, 2014

Ernest Conwell vs. New Orleans Saints, Louisiana Workers' Compensation Corp.

This case involves a professional athlete claiming industrial injury sustained between 1996 and 2007. The defendant contested California Workers' Compensation Appeals Board (WCAB) jurisdiction due to a forum selection clause in the employment contract designating Louisiana as the exclusive forum. The WCAB rescinded the initial award and remanded the case for further development of the record. This is to allow reconsideration of the *McKinley* decision regarding mandatory forum selection clauses and the connection to California, particularly concerning contract formation.

WCABjurisdictionforum selection clauseemployment contractprofessional athleteindustrial injurypermanent disabilityapportionmentcontract of hireagent
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. ADJ7761887
Regular
Feb 25, 2014

OMAR SMITH vs. NEW YORK GIANTS, GULF INSURANCE

The Workers' Compensation Appeals Board granted the New York Giants' petition for reconsideration, reversing the trial judge's decision. The Board found that a mandatory forum selection clause in Omar Smith's employment contracts, requiring New Jersey law and jurisdiction for disputes, was reasonable and enforceable. Applying the precedent set in *McKinley v. Arizona Cardinals*, the Board determined there was a limited connection to California regarding Smith's employment and claimed injury. Therefore, the WCAB declined to exercise jurisdiction and ordered that Smith take nothing on his claim.

WCABreconsiderationforum selection clauseNew Jersey Workers' Compensation CommissionMcKinley v. Arizona Cardinalsexclusive jurisdictioncumulative injurypermanent disabilityindustrial injuryprofessional athlete
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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