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

Case No. ADJ3190591 (SFO 0510866) ADJ9088362 ADJ9524437
Regular
Nov 21, 2014

ISAIAH KACYVENSKI vs. OAKLAND RAIDERS; ACE USA Administered by ESIS; ST. LOUIS RAMS and GREAT DIVIDE INSURANCE COMPANY Administered by BERKLEY SPECIALTY UNDERWRITING MANAGER, LLC

This case concerns a workers' compensation award against the St. Louis Rams and the Oakland Raiders for an injured professional athlete. The Rams petitioned for reconsideration, arguing they were improperly included in a joint award based on stipulations they were not a party to, violating their due process rights. The Appeals Board granted reconsideration, finding the Rams' due process claim had merit. The award was amended to be solely against the Oakland Raiders, as the Rams had elected not to proceed and their employment liability was not established.

Workers' Compensation Appeals BoardJoint AwardPetition for ReconsiderationLabor Code section 5500.5(c)Stipulations with Request for Awardcumulative injuryprofessional athletepermanent disabilitydue processexcess of WCJ's powers
References
3
Case No. ADJ6627095
Regular
Jun 13, 2014

, CHARLIE GARNER, vs. , TAMPA BAY BUCCANEERS; PACIFIC EMPLOYERS INSURANCE COMPANY; OAKLAND RAIDERS; ACE AMERICAN INSURANCE COMPANY,

In this workers' compensation case, the Appeals Board rescinded an arbitrator's decision and ruled that the Tampa Bay Buccaneers are not entitled to contribution from the Oakland Raiders. The applicant, a professional football player, sustained a cumulative injury during his NFL career, with the key issue being the relevant Labor Code section 5500.5 one-year liability period. The Board determined that the applicant's last date of injurious exposure, including rehabilitation and training, extended to his termination by the Buccaneers on August 30, 2005, thus placing only Tampa Bay within the liability period. Consequently, the Buccaneers' petition for contribution from the Raiders was denied.

WCABPetition for ReconsiderationPetition for ContributionLabor Code Section 5500.5Cumulative InjuryDate of InjuryLast Injurious ExposureTemporary DisabilityPermanent DisabilityInjured Reserve
References
8
Case No. AHM 0127447
Regular
Dec 14, 2007

DARRIEN GORDON vs. OAKLAND RAIDERS, PACIFIC EMPLOYERS INSURANCE COMPANY

This case involves a petition for reconsideration filed by Darrien Gordon against the Oakland Raiders and their insurer. The petitioner has withdrawn their petition, leading to its dismissal by the Workers' Compensation Appeals Board. The Board's order officially dismisses the reconsideration of the November 20, 2007 decision.

Darrien GordonOakland RaidersPacific Employers Insurance CompanyPetition for ReconsiderationDismissalWorkers' Compensation Appeals BoardNovember 202007Withdrawn petitionOakland District Office
References
0
Case No. ADJ9085187
Regular
Feb 16, 2016

ESTES BANKS vs. CINCINNATI BENGALS, OAKLAND RAIDERS, FREMONT INDEMNITY

The Workers' Compensation Appeals Board granted reconsideration of a decision regarding applicant Estes Banks and defendants Cincinnati Bengals, Oakland Raiders, and Fremont Indemnity. The Board determined that reconsideration was necessary to allow further study of the factual and legal issues involved. This action is intended to ensure a complete understanding of the record and facilitate a just decision. All future filings related to this petition for reconsideration must be directed to the Office of the Commissioners.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationPermissibly SelfInsuredCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONliquidationstatutory time constraintsfactual and legal issuesjust and reasoned decisionfurther proceedingsElectronic Adjudication Management System
References
1
Case No. ADJ7798854
Regular
Jun 06, 2014

BARRY MASON (MACEY) BROOKS, JR. vs. OAKLAND RAIDERS, TIG SPECIALTY INSURANCE COMPANY

This case concerns a workers' compensation claim by Barry Brooks, Jr. against the Oakland Raiders for industrial injury as a professional athlete. The defendant sought reconsideration of an award finding the claim timely, arguing it was barred by the statute of limitations. The Board denied reconsideration, affirming the finding that the defendant failed to prove Brooks knew his disability was work-related more than one year before filing his claim. The Board emphasized that "disability" under the statute requires medical opinion, not lay knowledge of pain.

Workers' Compensation Appeals BoardIndustrial injuryProfessional athleteCumulative periodApportionmentFuture medical treatmentLegal date of injuryLabor Code § 5412Statute of limitationsLabor Code § 5405
References
0
Case No. ADJ865164 (AHM 0127447)
Regular
Mar 22, 2011

DARRIEN GORDON vs. OAKLAND RAIDERS, PACIFIC EMPLOYERS INSURANCE COMPANY, XCHANGING, INC., ATLANTA FALCONS, ST PAUL TRAVELERS

This case concerns a professional football player's cumulative trauma injury claim. The Workers' Compensation Appeals Board granted reconsideration to correct an arbitrator's apportionment of liability. The Board found that under Labor Code section 5500.5, liability should be based on employment within the one year preceding the date of injury. Consequently, Travelers Indemnity, as insurer for the Atlanta Falcons, was ordered to reimburse the Oakland Raiders for 4% of benefits paid, reflecting the Falcons' minimal employment during the last year of injury. This reversed the original award which had apportioned liability at 39%.

Cumulative TraumaProfessional Football PlayerDate of InjuryLast Year of EmploymentApportionment of LiabilityContinuous TraumaOccupational DiseaseInsurer LiabilityContribution ClaimWorkers' Compensation Appeals Board
References
0
Case No. ADJ8481999
Regular
Jan 21, 2020

Benjamin Claxton vs. Arizona Cardinals, Great Divide Insurance Company, administered by Berkley Specialty Underwriting Managers, Oakland Raiders, Ace American Insurance, administered by ESIS

The Workers' Compensation Appeals Board (WCAB) has granted reconsideration for Benjamin Claxton's case against the Arizona Cardinals and Oakland Raiders. This decision was made after an initial review of the record and is intended to allow for further study of the factual and legal issues. The WCAB aims to issue a just and reasoned decision after this thorough examination. Pending the decision after reconsideration, all related communications must be filed directly with the WCAB Commissioners, not with any district office or through EAMS.

Petition for ReconsiderationWorkers' Compensation Appeals BoardArizona CardinalsGreat Divide Insurance CompanyBerkley Specialty Underwriting ManagersOakland RaidersAce American InsuranceESISOpinion and OrderGranting Petition
References
1
Case No. ADJ7948651
Regular
May 09, 2016

Barbara Tom vs. CITY OF OAKLAND, JT2 INTEGRATED

This case involves a petition for reconsideration by the defendant, City of Oakland, following an award of permanent disability to applicant Barbara Tom. The defendant argued the Workers' Compensation Judge (WCJ) erred by not deferring to the Agreed Medical Evaluator's (AME) opinion and by not developing the record with the AME. The WCAB denied reconsideration, adopting the WCJ's report which found the AME's opinion deficient. The WCJ's report detailed how the primary treating physician's report was more persuasive and thoroughly reasoned, supporting the WCJ's findings over the AME's.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical Evaluator (AME)Primary Treating Physician (PTP)AMA GuidesPermanent Disability RatingCarpal Tunnel SyndromeSubstantial EvidenceWCJ OpinionMedical Opinion Deference
References
2
Case No. ADJ9908969
Regular
Aug 28, 2015

MICHAEL MCGRATH vs. OAKLAND UNIFIED SCHOOL DISTRICT, HAZELRIGG CLAIMS MANAGEMENT SERVICE

This case involves a dispute over venue for a workers' compensation claim. The employer, Oakland Unified School District, sought to transfer the case from Oxnard to Oakland, arguing the applicant resides and was injured in Oakland's jurisdiction, despite the application initially being filed in Oxnard based on the applicant's attorney's principal place of business. The Workers' Compensation Appeals Board (WCAB) granted removal, rescinding the judge's denial of the venue change. The WCAB found the judge applied the wrong legal standard and that the employer's objection to venue, made pursuant to Labor Code section 5501.5(c), mandated a transfer to Oakland.

Petition for RemovalOrder Denying Change of VenueWCJsubstantial prejudiceirreparable harmreconsiderationWCAB District OfficeOakland WCAB District OfficeOxnard WCAB District Officevenue transfer
References
4
Case No. ADJ4569483 (STK 0214134)
Regular
Sep 18, 2012

Samuel Turco vs. CITY OF OAKLAND, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted the City of Oakland's petition for reconsideration, overturning a prior finding that Samuel Turco's cumulative trauma heart injury claim was not time-barred. The Board determined that Turco knew or should have known his disability was industrially caused by no later than February 10, 2007, when he sought legal advice and filed a claim related to his 2002 heart attack. Since his claim against the City of Oakland was filed in April 2008, it was deemed barred by the one-year statute of limitations under Labor Code section 5405. Consequently, Turco's claim against the City of Oakland was dismissed.

Workers' Compensation Appeals BoardADJ4569483Samuel TurcoCity of Oaklandcumulative trauma injuryheart and cardiovascular systempolice officerLabor Code section 3212.5statute of limitationsknowledge of compensable disability
References
3
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