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

Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. ADJ 8937991
Regular
May 23, 2017

ANTONIO PIERCE vs. WASHINGTON REDSKINS, ACE AMERICAN INSURANCE AND TRAVELERS, NEW YORK FOOTBALL GIANTS, INC., GREAT DIVIDE INSURANCE COMPANY

This case concerns whether the California Workers' Compensation Appeals Board (WCAB) has jurisdiction over a professional football player's cumulative injury claim. The applicant asserts he was hired in California by the Washington Redskins and New York Football Giants, Inc., triggering WCAB jurisdiction. Defendants argued against jurisdiction, citing limited California contacts and employment contracts specifying other state laws. The WCAB affirmed the judge's finding of jurisdiction, holding that the applicant's hiring in California is sufficient to establish subject matter jurisdiction under Labor Code sections 3600.5 and 5305, irrespective of other contacts.

Workers' Compensation Appeals BoardAntonio PierceWashington RedskinsACE American InsuranceTravelersNew York Football GiantsGreat Divide Insurance Companyjurisdictioncontract of hireFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)
References
Case No. ADJ9078228
Regular
Jun 17, 2016

MICHAEL PROCTOR vs. WORLD LEAGUE OF AMERICAN FOOTBALL, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns a professional football player's claim for workers' compensation benefits in California. The applicant, Michael Proctor, argued that California had sufficient interest in his injury to apply its workers' compensation laws, citing the *Johnson* case. However, the Workers' Compensation Appeals Board (WCAB) denied his petition for reconsideration. The WCAB found that playing only two games in California during his career did not establish a sufficient connection to the state for jurisdiction, as per the due process requirements outlined in *Johnson*. Therefore, the WCAB affirmed the administrative law judge's decision that it lacked jurisdiction over the defendant.

Workers' Compensation Appeals BoardIndustrial InjuryProfessional Football PlayerSubject Matter JurisdictionConstitutional Due ProcessLabor Code Section 3600.5Minimum ThresholdLegitimate and Substantial ConnectionDue Process ClauseAdjudication of Claim
References
Case No. ADJ10220275
Regular
Mar 03, 2020

Troy Kropog vs. New York Giants, Tennessee Titans, Jacksonville Jaguars, Minnesota Vikings, Washington Redskins, Great Divide Insurance Company, Berkley Entertainment

The Workers' Compensation Appeals Board denied reconsideration of a decision that lacked California jurisdiction over the applicant's claim. The applicant, a professional football player, failed to establish that a contract for hire was formed in California, despite his agent residing and signing contracts there. The Board upheld the WCJ's finding that the agent lacked the authority to bind the applicant to a contract without the applicant's own execution. Consequently, the applicant did not meet his burden of proof for California jurisdiction.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationsGarza v. Workmen's Comp. Appeals Bd.California jurisdictioncontract for hireKenny ZuckermanStandard Representation Agreement (SRA)Contract Advisor authorityplayer contract execution
References
Case No. ADJ7337820
Regular
Apr 07, 2014

JOHN BOOTY vs. NEW YORK GIANTS, PMA GROUP, Arizona Cardinals, Fairmont Premier Insurance/Zenith Insurance Company

The applicant, a professional football player, claimed cumulative industrial injury against multiple NFL teams, including the New York Giants and the Arizona Cardinals. The applicant requested to dismiss the Arizona Cardinals with prejudice. The Workers' Compensation Appeals Board granted reconsideration, amending the dismissal to be "without prejudice." This preserves the New York Giants' potential right to seek contribution from the Cardinals should they be found liable for benefits. The Board affirmed the applicant's right to choose which defendants to litigate against.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing Party DefendantsCumulative InjuryProfessional Football PlayerNational Football LeagueJurisdictionLiabilityDate of InjuryCompromise & Release Agreement
References
Case No. ADJ8832516
Regular
Apr 01, 2015

MATT STEEPLE vs. NEW JERSEY RED DOGS, GRANITE STATE INSURANCE/AIG

The Workers' Compensation Appeals Board (WCAB) rescinded the Administrative Law Judge's (ALJ) award, finding the medical evidence insufficient to establish California's jurisdiction over the applicant's cumulative industrial injury. While the applicant sustained injuries as a professional football player, the ALJ's reliance on medical reports based on an incomplete history of California play was deemed not substantial evidence. The case was returned to the trial level for further development of the medical record regarding the connection between the applicant's California work and his injury. The majority noted that jurisdiction over the employer and insurer was established, but the specific issue of liability for the cumulative injury requires further proceedings.

Workers' Compensation Appeals BoardIndustrial InjuryProfessional Football PlayerCumulative TraumaJurisdictionLabor Code Section 5500.5Medical TreatmentSubstantial EvidenceQualified Medical EvaluatorCausation
References
Case No. ADJ2295331 (ANA 0397551)
Regular
Mar 17, 2014

WESLEY CARROLL vs. NEW ORLEANS SAINTS, LOUISIANA WORKERS' COMPENSATION CORPORATION, TRAVELERS INSURANCE

This case concerns a former professional football player seeking workers' compensation for cumulative industrial injury against the New Orleans Saints. The applicant argues California has jurisdiction because prior proceedings conclusively determined injury occurred in California and the *Johnson* precedent was misapplied. However, the Appeals Board affirmed the WCJ's finding that California lacks a substantial interest to justify jurisdiction, as the applicant's California work activities were de minimis, consisting of only five games played in the state over his career. The Board found that California's connection to the injury was insufficient to warrant applying its workers' compensation law, consistent with *Johnson*.

WCABPetition for ReconsiderationFindings And OrderTake NothingFindings Of FactSubstantial InterestJurisdictionCumulative Industrial InjuryProfessional Football PlayerWide Receiver
References
Case No. ADJ8522603
Regular
Jun 05, 2017

RUSSELL GARY vs. PHILADELPHIA EAGLES, GULF/TRAVELERS, NEW ORLEANS SAINTS, ACE USA

This case concerns a former professional football player seeking workers' compensation benefits for cumulative injuries. The applicant was found to have sustained industrial injuries to several body parts while playing for the New Orleans Saints and Philadelphia Eagles. While the award for permanent disability and future medical treatment was affirmed, the Board rescinded the finding of one year of temporary total disability. The Board found that the applicant's testimony indicated retirement due to failure to secure further employment, not physical inability to work, and that medical opinions relied upon by the judge were based on incorrect assumptions regarding the applicant's ability to continue playing.

Workers' Compensation Appeals BoardPhiladelphia EaglesGulf TravelersNew Orleans SaintsACE USAADJ8522603Opinion and Decision After Reconsiderationtemporary disability indemnitypermanent disabilityfuture medical treatment
References
Case No. ADJ7019654
Regular
Feb 06, 2013

KEENAN MCCARDELL vs. CHARGERS FOOTBALL CO., LLC dba SAN DIEGO CHARGERS, GREAT DIVIDE INSURANCE CO., administered by BERKLEY SPECIALTY UNDERWRITING MANAGERS, LLC, JACKSONVILLE JAGUARS, TAMPA BAY BUCCANEERS, ACE/PACIFIC EMPLOYERS INSURANCE administered by NOVA PRO RISK SOLUTIONS, CLEVELAND BROWNS, WASHINGTON REDSKINS, ACE, administered by ESIS, HOUSTON TEXANS, RELIANCE AND LEGION INSURANCE, in liquidation by CIGA, TRAVELERS

This case concerns Keenan McCardell's workers' compensation claim for injuries sustained as a professional football player from January 2007 to January 2008. The primary issue on reconsideration was whether the claim was barred by the statute of limitations. The Board affirmed the original award, finding that McCardell did not sustain a disabling injury until he sought line-of-duty benefits in July 2009, which was less than a year before filing his workers' compensation claim. Therefore, the claim was deemed timely filed.

Workers' Compensation Appeals BoardKeenan McCardellChargers Football Co.LLCGreat Divide Insurance Co.occupational injuryprofessional athletecumulative injurystatute of limitationsLabor Code section 5405
References
Case No. ADJ694922 (ANA 0407404)
Regular
Mar 17, 2017

JAMES A. FINN, JR. vs. NEW YORK FOOTBALL GIANTS, INC., GREAT DIVIDE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's finding that the applicant sustained a cumulative industrial injury while employed as a professional football player. Crucially, the Board affirmed jurisdiction based on the applicant credibly testifying he accepted the employment contract via telephone from his California residence in 2005. The defendant's arguments regarding permanent disability, apportionment, and medical evidence were deemed premature as the permanent disability percentage has not yet been determined.

Workers' Compensation Appeals BoardCumulative InjuryProfessional Football PlayerContract of HireCalifornia JurisdictionLabor Code Sections 3600.5 and 5305Petition for ReconsiderationSubstantial EvidenceDue ProcessSubject Matter Jurisdiction
References
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