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

Case No. ADJ3981176 (VNO 0525357)
Regular
Feb 09, 2011

STEVEN DANIELS vs. CITY OF RIALTO, Permissibly Self-Insured; c/o YORK INSURANCE SERVICES GROUP, INC.

This order denies the defendant's Petition for Reconsideration in a workers' compensation case. The Workers' Compensation Appeals Board adopted the WCJ's report and reasoning. The Board specifically rejected the defendant's argument that the WCJ lacked jurisdiction to award temporary total disability more than five years post-injury. This denial is based on the absence of any prior award or finding on any issue, thus preserving original jurisdiction.

WCABCity of Rialtotemporary total disabilitydate of injuryjurisdictionNicklesberg v. WCABHartsuiker v. WCABprior awardoriginal jurisdictionreconsideration denied
References
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. 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. 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. ADJ1895300
Regular
May 17, 2010

RONALD R. HARWELL vs. CITY & COUNTY OF SAN FRANCISCO

This case concerns an injured worker's entitlement to continuing temporary disability benefits for a 2003 knee injury, with the employer challenging jurisdiction and wage loss. The Board affirmed the award of benefits, finding the employer's jurisdictional argument was based on an unpublishable case and that the worker's retirement was injury-related with intent to return to work. The Board also returned the matter to the WCJ to address the applicant's request for attorney fees.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardTemporary Disability BenefitsKnee Replacement Revision SurgeryIndustrial InjuryJurisdictionFive-Year LimitationWage LossRetirement
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. ADJ7745900
Regular
Mar 26, 2013

Malcolm Johnson vs. Pittsburgh Steelers

The Workers' Compensation Appeals Board granted the Pittsburgh Steelers' petition for reconsideration, rescinding the original decision. The Board found insufficient evidence to establish California jurisdiction over Malcolm Johnson's claim, specifically regarding whether his work activities in California were a contributing cause to his injury. The case is remanded for further development of the record on this jurisdictional issue, including obtaining supplemental medical opinions or depositions from the treating physicians. The Board also clarified that Johnson's temporary work in California did not constitute "regular" employment for extraterritorial jurisdiction purposes.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryProfessional AthleteTemporary DisabilityPermanent DisabilityJurisdictionLabor Code Section 3600.5(b)De Minimis ContactsDue Process
References
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