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Case Law Database

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

Case No. ADJ9314776
Regular
May 16, 2018

Ken Sutton vs. San Jose Sharks, Federal Insurance Company

This case involves a professional hockey player's cumulative trauma claim against the San Jose Sharks. The employer sought exemption from California workers' compensation jurisdiction under Labor Code section 3600.5(d), arguing the player's last employer, the Ingolstadt Panthers, was exempt. The Workers' Compensation Appeals Board (WCAB) rescinded the prior finding, ruling that the Ingolstadt Panthers were not exempt under section 3600.5(c) as the player did not work temporarily in California for them. Consequently, the claim is not exempt under section 3600.5(d), and the WCAB retains jurisdiction.

Workers' Compensation Appeals BoardSan Jose SharksFederal Insurance Companycumulative trauma claimLabor Code section 3600.5(d)professional athleteIngolstadt Pantherssubject matter jurisdictionvocational rehabilitationduty days
References
9
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
0
Case No. ADJ8022272
Regular
Jan 17, 2014

DICK AMBROSE vs. BALTIMORE RAVENS/CLEVELAND BROWNS

This case concerns Dick Ambrose's workers' compensation claim against the Baltimore Ravens/Cleveland Browns. The Administrative Law Judge (ALJ) found that California's workers' compensation jurisdiction was exempt under Labor Code Section 3600.5(b) because the applicant was only temporarily in California and the employer provided coverage under Ohio law. The Appeals Board affirmed the ALJ's decision, largely adopting the ALJ's reasoning regarding the admissibility of evidence and the application of Section 3600.5(b). Commissioner Sweeney dissented, arguing that the applicant's routine work in California over a decade made his presence more than temporary, and also raised concerns about Ohio's reciprocal protections and the employer's self-insurance compliance.

Labor Code Section 3600.5(b)exemption from California jurisdictiontemporary presenceextraterritorial provisionsOhio Revised Codeself-insurancemandatory settlement conferencecumulative injuryprofessional football playeradministrative law judge
References
12
Case No. ADJ6671169
Regular
Oct 16, 2013

Christian Fauria vs. Carolina Panthers, Great Divide Insurance Co., Berkley Specialty Underwriting Managers, LLC, Washington Redskins, ESIS Insurance, New England Patriots, Liberty Mutual Insurance Co., Travelers Indemnity Co., Golf Insurance Co., Seattle Seahawks

The Workers' Compensation Appeals Board (WCAB) rescinded a prior award finding California jurisdiction over Christian Fauria's claim due to lack of "regular employment" in California, as defined by Labor Code Section 3600.5(a). The case was remanded to the trial level to determine if jurisdiction exists based on injuries sustained within California or if the contract of hire was made in California, as per Labor Code Section 5305. The WCAB also instructed the judge to address all issues, including apportionment and liability periods under Labor Code Section 5500.5. The decision highlights the need for substantial evidence to establish jurisdiction and injury contribution within the state.

Workers' Compensation Appeals BoardChristian FauriaProfessional AthleteIndustrial InjuryPermanent DisabilityFurther Medical TreatmentLabor Code Section 3600.5(a)Statute of LimitationsLabor Code Section 5500.5Jurisdiction
References
29
Case No. ADJ994369
Regular
Jan 19, 2014

JOSE JUAREZ vs. WATKINS MANUFACTURING CORPORATION

The Workers' Compensation Appeals Board (WCAB) is reconsidering a decision that awarded the applicant medical mileage and a penalty for unreasonable delay in compensation payments but denied attorney's fees. The WCAB believes attorney's fees are warranted under Labor Code section 5814.5 for enforcing the payment of awarded compensation. The case is being returned to the trial level for the judge to determine and award these attorney's fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardMedical Mileage Expense ReimbursementAttorney's FeesLabor Code Section 5814Labor Code Section 5813Labor Code Section 5814.5Cumulative Industrial InjuryPulmonary System Injury
References
0
Case No. ADJ4014154 (ANA 0408143)
Regular
Jun 19, 2009

JUAN LOPEZ vs. LIBERTY GLASS FABRICATORS, INC., AMERICAN HOME ASSURANCE COMPANY

This case involves a worker claiming a back injury on October 1, 2007, but reporting it on October 5, 2007, the same day his employment was terminated. The employer contends the claim is barred under Labor Code section 3600(a)(10) as a post-termination claim, arguing the worker's notice of injury was not provided prior to termination. The Appeals Board granted reconsideration, reversed the initial award, and found the claim non-compensable, ruling the worker failed to provide timely notice of the injury before his termination. The Board emphasized the purpose of section 3600(a)(10) is to prevent spurious claims filed after termination.

Labor Code section 3600(a)(10)Post-termination claimReconsiderationFindings and AwardCompensable industrial injuryLaborerLiberty Glass FabricatorsAmerican Home Assurance CompanyWorkers' Compensation Appeals BoardWCJ Report and Recommendation
References
0
Case No. ADJ10553459
Regular
Feb 23, 2018

JAMES CRAIG SILLERS vs. CITY OF PLEASANT HILL, MUNICIPAL POOLING AUTHORITY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the administrative law judge's award of 47% permanent disability benefits to applicant James Sillers. The central dispute concerned whether Sillers was entitled to the maximum disability indemnity rate under Labor Code section 4458.5. The Board majority held that Sillers, a retired police officer with orthopedic injuries, qualified for the maximum rate, interpreting section 4458.5 to apply to any public safety member injured within the timeframes specified in listed presumption statutes, not solely to injuries covered by those specific presumptions. A dissenting opinion argued that only injuries falling under the explicitly enumerated presumptions in section 4458.5 qualified for the maximum rate, citing precedent that non-listed presumptions, like cancer under section 3212.1, did not grant this benefit.

Workers' Compensation Appeals BoardCity of Pleasant HillMunicipal Pooling AuthorityCumulative Trauma InjuryCervical SpineLumbar SpineBilateral Cubital TunnelsPolice OfficerStatute of LimitationsLabor Code Section 4458.5
References
4
Case No. ADJ11035614
Regular
Feb 07, 2020

EDELIA CARDONA vs. VALJEN, INC. DBA CAESARS PIZZA, STATE FARM CALIFORNIA WORKERS' COMPENSATION

In this case, the applicant sought reconsideration after the WCJ denied attorney's fees under Labor Code Section 5814.5. The applicant's attorney incurred fees attempting to collect a previously awarded attorney's fee that the defendant unreasonably delayed paying. The Appeals Board rescinded the prior decision, finding Section 5814.5 applicable in this scenario, as established by precedent in *Turner*. The matter was returned to the trial level to further develop the record on sanctions under Sections 5813, 5814, and 5814.5.

Labor Code sections 581358145814.5attorney's feesunreasonable delaybad faithstipulated attorney's feePetition for ReconsiderationReport and Recommendationcase of first impression
References
7
Case No. MISSING
Regular Panel Decision

Desser v. Ashton

This opinion addresses the sufficiency of an oral contract to satisfy the "purchaser-seller" requirement in a private action under Section 10(b) of the 1934 Exchange Act and Rule 10b-5, where no actual purchase or sale of securities occurred. The court considers whether such an oral agreement, even if potentially unenforceable under the statute of frauds, can support a federal securities claim. Reviewing existing jurisprudence, the court emphasizes a liberal and flexible construction of anti-fraud provisions to protect investors. It concludes that an action under Rule 10b-5 is not deficient merely because the contract relied upon is oral rather than written. Consequently, the defendants' motions for summary judgment are denied, and the case is set to proceed to trial, affirming the court's jurisdiction over the matter.

Securities fraudOral contractsRule 10b-5Purchaser-seller requirementStatute of fraudsPendent jurisdictionSummary judgmentFederal court jurisdictionExchange Act of 1934Investor protection
References
18
Case No. ADJ9908298
Regular
Jul 25, 2016

ELIZABETH SOTO vs. MOLEX, INC. dba AFFINITY MEDICAL, OLD REPUBLIC INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to clarify a previous order, rescinding the original Findings and Order. The defendant argued the claim was barred by the post-termination defense, but the WCAB found exceptions applied under Labor Code sections 3600(a)(10)(A) and 3600(a)(10)(D). The WCAB determined the date of injury was March 5, 2015, subsequent to the termination notice, and returned the case for further proceedings to develop the medical record regarding the extent of the applicant's injuries.

post-termination defenseLabor Code section 3600(a)(10)Labor Code section 3600(a)(10)(D)Labor Code section 5412cumulative traumacompensable disabilityknowledge of industrial causationdate of injurynotice of terminationU.S. HealthWorks
References
7
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