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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. ADJ9084481
Regular
Dec 06, 2017

AMAURY TELEMACO vs. PHILADELPHIA PHILLIES, ACE AMERICAN INSURANCE COMPANY, ARIZONA DIAMONDBACKS, VIRGINIA SURETY COMPANY

The Appeals Board granted reconsideration of a WCJ's finding of no subject matter jurisdiction, acknowledging that the applicant played 19 games in California during his baseball career. However, the Board intends to find that this minimal connection, absent a hiring in California, does not create a substantial and legitimate interest for California to adjudicate the claim under the *Johnson* due process standard. The Board will allow further briefing on the application of *Johnson* and the relevant statutory amendment regarding professional athletes.

Subject Matter JurisdictionLabor Code section 3600.5(a)Labor Code section 5305Hiring in CaliforniaCumulative InjuryConstitutional Due ProcessFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)Substantial and Legitimate ConnectionProfessional Baseball PlayerInjurious Exposure
References
Case No. ADJ9312928
Regular
Sep 11, 2019

Jeffrey DaVanon vs. Oakland Athletics, ACE Insurance Company, Sedgwick Claims Management

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration. The applicant, a former professional athlete, claimed cumulative trauma injury to multiple body parts, including gastrointestinal issues, neurological problems, and a sleep disorder not initially identified. The Board found that the WCJ erred by excluding medical evidence for these later-identified body parts, as they were included in the parties' stipulations and could have arisen or worsened after the applicant's deposition. The case is returned for further proceedings, allowing admission of relevant medical records and deferring final decisions on disputed body parts and permanent disability.

Mandatory Settlement ConferencePetition for ReconsiderationCumulative TraumaProfessional AthleteStatute of LimitationsLabor Code Section 5405Labor Code Section 5412Discovery CloseBifurcationIndependent Medical Evaluator
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ9223382
Regular
Jul 06, 2015

MICHAEL NEU vs. LOS ANGELES DODGERS, OAKLAND ATHLETICS, FLORIDA MARLINS, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Los Angeles Dodgers' petition for reconsideration, affirming an earlier award for the applicant. The Board found the Dodgers, as a California-based team, were not exempt from notice requirements regarding workers' compensation rights. Furthermore, the statute of limitations was tolled because the Dodgers failed to prove the applicant had actual knowledge of his rights more than one year before filing his claim. Consequently, the applicant's claim for industrial injury to his neck and right shoulder was upheld.

Workers Compensation Appeals BoardMichael NeuLos Angeles DodgersOakland AthleticsFlorida MarlinsAce American Insurance CompanyADJ9223382industrial injuryneckright shoulder
References
Case No. ADJ8499686
Regular
Jul 31, 2015

KELLY STINNETT vs. LOS ANGELES DODGERS, NEW YORK METS, ARIZONA DIAMONDBACKS, KANSAS CITY ROYALS, ACE AMERICAN INSURANCE COMPANY, CINCINNATI REDS

This case concerns a professional baseball player's workers' compensation claim against multiple employers and their insurers, including the Los Angeles Dodgers. The Workers' Compensation Appeals Board (WCAB) denied the insurer's petition for reconsideration, upholding the finding of industrial injury and a 15% permanent disability "bump up" due to the employer's non-compliance with return-to-work requirements. The WCAB found sufficient connection to California jurisdiction as the applicant was employed by the Los Angeles Dodgers, a California-based team, during the cumulative trauma period. The WCAB also affirmed the application of Labor Code section 4658(d)(2), finding no exception for professional athletes.

Workers' Compensation Appeals BoardIndustrial InjuryPermanent DisabilityApportionmentLabor Code Section 4658(d)(2)ReconsiderationJurisdictionDue ProcessProfessional AthleteCumulative Trauma
References
Case No. ADJ10779733
Regular
Feb 26, 2020

THOMAS WILSON vs. FLORIDA MARLINS, ACE AMERICAN INSURANCE, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a professional athlete's workers' compensation claim where the central issue is whether California jurisdiction is precluded by Labor Code sections 3600.5(c) and (d) concerning out-of-state athletes. The Board found these exemptions inapplicable because the applicant had multiple California contracts of hire during his cumulative trauma injury period, aligning with California's general jurisdictional rules. The Board interpreted the intent of the statutory amendments to be the limitation of claims by out-of-state athletes with minimal California contacts, not those with established hire in the state. Therefore, the applicant's claim may proceed in California.

Labor Code Section 3600.5Professional Athlete ExceptionCumulative TraumaContract of HireJurisdictionOut-of-State EmployersCalifornia-Based TeamDuty DaysTemporary WorkLegislative Intent
References
Case No. ADJ6985613
Regular
Feb 20, 2013

Gaylon Hyder vs. St. Louis Rams, The Travelers Indemnity Co.

This case concerns a professional athlete's claim for workers' compensation benefits. The Workers' Compensation Appeals Board (WCAB) rescinded a prior award, finding it lacked jurisdiction. The applicant did not sufficiently demonstrate that his cumulative industrial injury occurred in California or that he was regularly employed in the state. Therefore, the WCAB determined it could not adjudicate the claim.

Workers Compensation Appeals BoardIndustrial InjuryJurisdictionOut-of-State InjuryCumulative TraumaProfessional AthleteSt. Louis RamsChoice of LawForum Non ConveniensSubstantial Evidence
References
Case No. ADJ6676904
Regular
May 26, 2010

LOUIS BULLARD vs. CLEVELAND BROWNS, SEATTLE SEAHAWKS, Baltimore Ravens

This case involves a professional athlete claiming workers' compensation injuries from two NFL teams. The Appeals Board granted the defendant's petition for removal after the applicant's death during the pendency of the case. The trial date was vacated, and the matter was returned to the trial level for a priority conference. This is due to the need to address accrued benefits payable to dependents and to potentially identify and join them as parties.

Petition for RemovalWorkers' Compensation Appeals BoardProfessional AthleteMandatory Settlement ConferenceContinued to TrialJoinder as Party-DefendantFurther DiscoveryApplicant's DeathAccrued and Unpaid BenefitsSurviving Dependents
References
Case No. ADJ 6705983
Regular
May 14, 2012

Jacob Green vs. Seattle Seahawks, San Francisco 49ers, National Union Fire Insurance Co. of Pittsburgh, Pennsylvania

The Workers' Compensation Appeals Board granted reconsideration of a Findings and Award concerning Jacob Green's cumulative injury claim as a professional athlete. The defendant insurer, National Union Fire Insurance Company, argued the award lacked substantial evidence and listed eight specific errors by the administrative law judge. Reconsideration was granted primarily to allow the defendant to submit trial transcripts for review.

Workers' Compensation Appeals Boardcumulative injurypermanent disabilityfuture medical carestatute of limitationsFindings and AwardFindings and AwardMinutes of HearingSummary of Evidenceprofessional athlete
References
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