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

Case No. ADJ7541603
Regular
Sep 24, 2013

REGINALD SLATER vs. MINNESOTA TIMBERWOLVES, FEDERAL INSURANCE CO./CHUBB GROUP

This case involves a professional basketball player's workers' compensation claim against the Minnesota Timberwolves. The applicant sustained cumulative injuries to multiple body parts during his career. The primary issue on reconsideration was jurisdiction, with the defendant arguing California lacked jurisdiction as the applicant was not regularly employed or hired in the state, and his permanent disability was determined after he left California. The Appeals Board affirmed the original decision, finding that the WCAB has jurisdiction because a portion of the injurious exposure occurred in California, regardless of the applicant's location when his condition became permanent and stationary or when he was diagnosed with his condition. The Board also affirmed the applicant's occupational group rating based on his role at the time of injury.

Workers' Compensation Appeals BoardMinnesota TimberwolvesFederal Insurance Companyindustrial injurycumulative traumaoccupational groupjurisdictionLabor Code section 5412permanent disabilityagreed medical evaluator
References
14
Case No. ADJ8423470
Regular
Nov 26, 2018

TERRY ALLEN vs. MINNESOTA VIKINGS

This case concerns a professional football player's cumulative trauma injury claim against the Minnesota Vikings, seeking compensation in California. The Workers' Compensation Appeals Board affirmed the finding of jurisdiction, primarily because the applicant signed his employment contract with the Vikings in California. The Board found the applicant's prior settlement in Minnesota did not bar this claim, as it involved different injuries and did not account for the California contract. The WCAB upheld the administrative law judge's award for 73% permanent disability and future medical treatment.

References
29
Case No. ADJ6990080
Regular
Jan 04, 2012

JEROME ALLEN vs. MILWAUKEE BUCKS, DALLAS MAVERICKS, CLEVELAND CAVALIERS, DENVER NUGGETS, INDIANA PACERS, MINNESOTA TIMBERWOLVES, TIG INSURANCE As Administered By RISK ENTERPRISE MANAGEMENT (For All Teams)

This Workers' Compensation Appeals Board case involves applicant Jerome Allen against several NBA teams and their insurer. The Board granted the defendant's petition for reconsideration of a prior decision. This reconsideration is for further study of the factual and legal issues to ensure a just and reasoned decision. All future communications in this matter should be directed to the Board's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationFactual and Legal IssuesStatutory Time ConstraintsFurther ProceedingsDecision After ReconsiderationOffice of the CommissionersAlfonso J. MoresiFrank M. Brass
References
0
Case No. ADJ9243095
Regular
Aug 09, 2018

CLIFFORD ROZIER vs. MINNESOTA TIMBERWOLVES/TIG, administered by FAIRMONT PREMIER INSURANCE COMPANY, TORONTO RAPTORS/TIG, administered by ZENITH INSURANCE COMPANY, GOLDEN STATE WARRIORS/TIG, administered by ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a WCJ's Findings and Order regarding applicant Clifford Rozier's evidence. However, applicant Rozier died on July 6, 2018, and a death benefit claim is anticipated. Due to this significant development, the WCAB rescinded the prior Findings and Order. The case is now returned to the trial level for further proceedings to address the new circumstances.

Workers' Compensation Appeals BoardMinnesota TimberwolvesToronto RaptorsGolden State WarriorsFairmont Premier InsuranceZenith InsuranceFindings and OrderAdmissibility of evidenceDeath benefitsRescinded
References
0
Case No. MISSING
Regular Panel Decision

White Motor Corp. v. International Union, United Automobile, Workers, Local Union No. 932

This case concerns a dispute over a pension plan between White Motor Corporation and White Farm Equipment Company (White) and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW). Following an arbitration award favoring the UAW, White filed a petition in a New York court to vacate the award, while the UAW simultaneously initiated a suit in a Minnesota District Court to enforce it. The New York court, presided over by Judge Metzner, denied White's motion to stay the Minnesota proceedings. Conversely, it granted the UAW's cross-motion to stay the New York action, emphasizing that the UAW's Minnesota action was the proper forum and that White's claim constituted a compulsory counterclaim in the Minnesota suit, driven by interests of comity and orderly judicial administration.

Labor DisputeArbitration Award EnforcementCollective BargainingPension Plan DisputeLMRAFederal Arbitration ActJurisdictionVenue TransferStay of ProceedingsCompulsory Counterclaim
References
7
Case No. MISSING
Regular Panel Decision

In Re Pavilion Place Associates

The case concerns a motion to transfer the Chapter 11 bankruptcy venue of Pavilion Place Associates, a Connecticut limited partnership, from the Southern District of New York to the District of Minnesota. The debtor's sole asset is a shopping center in Roseville, Minnesota. While the debtor's principal place of business, managerial decisions, and financial planning are in New York, the motion was brought by the Trustees of the Central Pension Fund, who are secured creditors. The court, presided over by Bankruptcy Judge Tina L. Brozman, acknowledged that venue was proper in New York. However, considering factors like the location of the assets, the proximity of the majority of creditors to Minnesota, and the need for economic and efficient administration of the estate, the court granted the motion to transfer the case to the District of Minnesota. The decision emphasized that improved real estate cases are often better administered in the district where the property is located.

Venue TransferBankruptcy Chapter 11Principal Place of BusinessInterest of JusticeConvenience of PartiesSingle Asset Real EstateShopping CenterSecured DebtUnsecured CreditorsJudicial Discretion
References
18
Case No. MISSING
Regular Panel Decision
May 13, 2004

Boss v. American Express Financial Advisors, Inc.

Plaintiffs, former financial advisors, initiated legal action in New York against their former employers, alleging violations of Labor Law concerning impermissible salary deductions. The defendants moved to dismiss the complaint, citing employment agreements that stipulated Minnesota as the forum for dispute resolution and governing law. The Supreme Court granted the dismissal, a decision later upheld despite plaintiffs' reargument that they were time-barred from suing in Minnesota. The appellate court affirmed, emphasizing the enforceability of choice-of-law and forum-selection clauses unless they are unreasonable, unjust, or contravene fundamental public policy, neither of which was found applicable in this case. It clarified that differing state laws or a shorter statute of limitations in the chosen forum do not, by themselves, invalidate such contractual agreements.

Choice of LawForum Selection ClauseEmployment LawWage DeductionsStatute of LimitationsPublic PolicyContract EnforcementAppellate ReviewMinnesota LawNew York Labor Law
References
7
Case No. MISSING
Regular Panel Decision
May 19, 1982

Irizarry v. Minnesota Mining & Manufacturing Corp.

Plaintiff Eddie Irizarry, a former employee of General Motors Corp. (GM), brought an action alleging gross negligence, medical malpractice by GM's physician Wilbur Duryee, and intentional tort/fraudulent misrepresentation. His wife, Carmen, also sought derivative recovery for loss of services. The Supreme Court initially granted GM's motion for summary judgment, dismissing the sixth cause of action. This higher court modified that order, extending summary judgment to also dismiss the seventh, eighth, and ninth causes of action against GM, affirming the order as modified. The court held that Irizarry's exclusive remedy for these claims was under the Workers' Compensation Law, as his injuries arose from employment and he had already accepted partial compensation.

Workers' CompensationExclusive RemedySummary JudgmentGross NegligenceMedical MalpracticeIntentional TortFraudulent MisrepresentationLoss of ConsortiumDerivative ClaimEmployer Liability
References
5
Case No. ADJ2250216 (AHM 0151781)
Regular
Nov 25, 2013

JOHN RANDLE vs. SEATTLE SEAHAWKS, MINNESOTA VIKINGS

The Workers' Compensation Appeals Board rescinded a previous award, finding that while jurisdiction was proper and the statute of limitations was not a bar, the original decision failed to adequately address several issues. Specifically, the Board remanded the case to determine the proper defendant(s) and excluded the applicant's heart condition from permanent disability ratings due to insufficient medical evidence of industrial causation. The WCJ must also resolve other outstanding issues raised at trial before issuing a new decision.

John RandleSeattle SeahawksMinnesota Vikingsjurisdictioncontract of hirestatute of limitationscumulative traumaagreed medical evaluatorspermanent disabilityapportionment
References
28
Case No. ADJ7796275
Regular
Sep 01, 2015

MORTEN ANDERSEN vs. NEW ORLEANS SAINTS, Atlanta Falcons, New York Giants, Kansas City Chiefs, Minnesota Vikings

The Workers' Compensation Appeals Board (WCAB) affirmed California's subject matter jurisdiction over Morten Andersen's cumulative injury claim as a professional athlete, due to sufficient work performed in the state. However, the WCAB rescinded the prior finding that liability related back to the New Orleans Saints, Andersen's first employer. This was because Labor Code section 5500.5 mandates liability be allocated to employers during the year preceding the last date of injurious exposure, and the Saints did not employ Andersen during that period. The case was returned to the trial level to join subsequent employers and properly allocate liability under section 5500.5.

Workers' Compensation Appeals BoardSubject Matter JurisdictionIndustrial InjuryProfessional AthleteCumulative InjuryRelation Back DoctrineLabor Code Section 5500.5EmployersLiability AllocationInjurious Exposure
References
21
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