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

Case No. ADJ3480894 (ANA 0403951)
Regular
Jun 26, 2012

REGGIE DUPARD vs. WASHINGTON REDSKINS, THE HARTFORD INSURANCE COMPANY

Applicant Reggie DuPard sought reconsideration of a decision barring his California workers' compensation claim. The Administrative Law Judge found the claim barred by a 2004 General Release settlement agreement with the Washington Redskins and Hartford Insurance Company, which DuPard had signed in Maryland for a specific right hip injury. DuPard argued the release only covered that injury, but the Board found the language clearly encompassed all potential claims against the employer and insurer. Therefore, the Board denied reconsideration, deeming the claim barred by the comprehensive settlement.

Workers' Compensation Appeals BoardReggie DuPardWashington RedskinsThe Hartford Insurance CompanyGeneral ReleaseStatute of LimitationsLabor Code section 5405Professional AthleteSpecific InjuryCumulative Injury
References
Case No. ADJ7129675 ADJ6931789 ADJ6930948
Regular
Mar 23, 2017

REGGIE MANANQUIL vs. APPLIED MATERIALS, XL SPECIALTY INSURANCE COMPANY

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision denying home health care. The WCAB initially affirmed the denial based on the applicant failing to prove services weren't regularly performed prior to injury per Labor Code section 5307.8. However, upon reconsideration, the WCAB amended the decision to award home health care services, finding medical necessity established by substantial evidence. The WCAB deferred the section 5307.8 issue for further record development while affirming other aspects of the original order.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONFINDINGS AND ORDERWCJLABOR CODEINDUSTRIAL INJURYHOME HEALTH CARESUBSTANTIAL MEDICAL EVIDENCEBURDEN OF PROOFSECTION 5307.8
References
Case No. ADJ2178625 (ANA 0378108)
Regular
Jun 14, 2010

REGGIE KING vs. SEATTLE SUPERSONICS as administered by OKLAHOMA CITY THUNDER

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the WCJ's deferred dismissal order was not a final decision. Additionally, the Board denied the defendant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm. The defendant also failed to comply with procedural rules requiring prior notice to the applicant before filing a dismissal petition. Therefore, the defendant's requests were dismissed and denied.

Petition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightsIrreparable HarmSignificant PrejudiceExtraordinary RemedyRule 10582Dismissal PetitionWCJ
References
Case No. ADJ4213301 (ANA 0398168)
Regular
Apr 01, 2015

REGGIE STEPHENS vs. NASHVILLE KATS, GREAT DIVIDE INSURANCE COMPANY, KANSAS CITY CHIEFS, TIG INSURANCE COMPANY

The Appeals Board affirmed the finding that the applicant was hired in California, establishing jurisdiction for workers' compensation claims under Labor Code sections 3600.5(a) and 5305. The Board found that accepting an employment offer by telephone in California constituted hiring, regardless of subsequent contract signing elsewhere. This hiring connection was deemed sufficient to support jurisdiction, overriding contractual choice-of-law provisions that conflicted with California's public policy protecting workers' compensation rights. The case was returned for further proceedings consistent with this decision.

Workers' Compensation Appeals BoardWCABcumulative industrial injuryoral contract of hirechoice of law provisionjurisdictioncontract of hireconditions subsequentforum selection clausepublic policy
References
Case No. ADJ701327 (ANA 0388262)
Regular
Nov 09, 2009

Reggie D. Barlow vs. Oakland Raiders, Ward North America, Tampa Bay Buccaneers, ESIS Jacksonville Jaguars; ESIS Chatsworth, Risk Enterprise 2314 Brea, ACE

The WCAB denied the petition for reconsideration, affirming the WCJ's finding that the applicant sustained a cumulative trauma injury and that California had jurisdiction.

WCABRECONSIDERATIONFINDINGS AND AWARDADMINISTRATIVE LAW JUDGEINDUSTRIAL CUMULATIVE TRAUMAPROFESSIONAL ATHLETEJACKSONVILLE JAGUARSOAKLAND RAIDERSTAMPA BAY BUCCANEERSPERMANENT DISABILITY
References
Case No. ADJ6710001 (ANA) MF ADJ7803228 (ANA) ADJ8017966 (ANA) ADJ8064588 (ANA) ADJ8262934 (ANA) ADJ9093396 (ANA) ADJ9076943 (ANA) ADJ9083545 (SDO) ADJ6925792 (ANA) ADJ8907815 (ANA) ADJ8819925 (ANA) ADJ9087879 (ANA) ADJ9093460 (ANA) ADJ8443963 (ANA) ADJ6829099 (ANA) ADJ6843222 (ANA)
Regular
May 07, 2015

LARRY WATKINS, GORDON BELL, DANIEL BUGGS, JAMES STIENKE, WILLIAM BRYANT, RONALD JOHNSON, ROBERT HYLAND, WALKER GILLETTE, REGGIE RUCKER, ANDREW SELFRIDGE, DOUG VAN HORN, ANANIAS CARSON, JACK GREGORY, THOMAS MULLEN, WILLIE YOUNG, JOHN HICKS vs. NEW YORK GIANTS, NEW YORK STATE INSURANCE FUND

This case concerns the New York State Insurance Fund's (NYSIF) liability for workers' compensation claims filed by former New York Giants employees. NYSIF argued it was not liable due to sovereign immunity and limitations in its New York-centric insurance policies. The Workers' Compensation Appeals Board affirmed the Arbitrator's decision, finding that Coverage B of the policy broadly indemnified the Giants for employee injuries sustained "wherever such injuries may be sustained," without clear exclusionary language. This coverage extended despite NYSIF's arguments about its New York origin and lack of authorization to write insurance in California. The Board also deferred the jurisdictional question for individual claims to the Workers' Compensation Judge.

Workers' Compensation Appeals BoardNew York State Insurance FundNew York Giantssovereign immunitycomitycoverageextraterritorial injuriesinsurance policy interpretationCoverage Bbusiness operations
References
Case No. ADJ6710001 (ANA) MF ADJ7803228 (ANA) ADJ8017966 (ANA) ADJ8064588 (ANA) ADJ8262934 (ANA) ADJ9093396 (ANA) ADJ9076943 (ANA) ADJ9083545 (SDO) ADJ6925792 (ANA) ADJ8907815 (ANA) ADJ8819925 (ANA) ADJ9087879 (ANA) ADJ9093460 (ANA) ADJ8443963 (ANA) ADJ6829099 (ANA) ADJ6843222 (ANA)
Regular
May 07, 2015

LARRY WATKINS, GORDON BELL, DANIEL BUGGS, JAMES STIENKE, WILLIAM BRYANT, RONALD JOHNSON, ROBERT HYLAND, WALKER GILLETTE, REGGIE RUCKER, ANDREW SELFRIDGE, DOUG VAN HORN, ANANIAS CARSON, JACK GREGORY, THOMAS MULLEN, WILLIE YOUNG, JOHN HICKS vs. NEW YORK GIANTS, NEW YORK STATE INSURANCE FUND, et al.

The Workers' Compensation Appeals Board affirmed an Arbitrator's decision finding the New York State Insurance Fund (NYSIF) liable for workers' compensation claims against the New York Giants. Despite NYSIF's claims of sovereign immunity and limitations to New York coverage, the Board found that the policy's Coverage B provided indemnity for injuries sustained by employees "wherever such injuries may be sustained." The Board emphasized that insurance policy exclusions must be clear, and NYSIF failed to demonstrate any such limitations for injuries occurring outside New York, especially given the team's extensive operations outside the state. The Board also noted that NYSIF's contentions regarding California jurisdiction would be determined on a claim-by-claim basis.

Workers' Compensation Appeals BoardNew York State Insurance FundNew York GiantsSovereign ImmunityComityCalifornia JurisdictionCoverage BOut-of-State InjuriesInsurance Policy LimitationsIndemnify
References
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