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

Case No. ADJ7286848
Regular
Aug 03, 2015

EMANUAL DAVIS vs. ATLANTA HAWKS, FEDERAL INSURANCE (CHUBB GROUP OF INSURANCE COMPANIES), TIG INSURANCE COMPANY, HOUSTON ROCKETS, SEATTLE SUPERSONICS, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns a professional basketball player's cumulative injury claim against former employers and their insurers. The Workers' Compensation Appeals Board (WCAB) affirmed an award to the applicant, finding California had jurisdiction based on the applicant's games played in the state and, potentially, a contract of hire in California. Defendants argued California lacked jurisdiction, citing *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which held that a single game did not create a substantial connection. However, the WCAB distinguished this case, finding the applicant's California exposure more than "de minimis" and noting the applicant's testimony about an injury sustained in California. One commissioner dissented, arguing the applicant's California games constituted less than 8% of his career and thus did not establish a "legitimate and substantial connection" for jurisdiction under *Johnson*.

WCABcumulative industrial injuryprofessional basketball playerextraterritorial provisionsde minimiscontract of hirejurisdiction14th Amendmentdue processliability
References
22
Case No. MISSING
Regular Panel Decision

World Touch Gaming, Inc. v. Massena Management, LLC

Plaintiff World Touch Gaming, Inc. sued Massena Management, LLC, Akwes-asne Mohawk Casino, and St. Regis Mohawk Tribe for breach of contract related to lease and sales agreements for gaming machines. The defendants moved to dismiss the amended complaint citing a lack of subject matter jurisdiction due to the Tribe's sovereign immunity. The court found that the Tribe and its enterprise, the Casino, enjoy sovereign immunity, which was not effectively waived by the Management Company's Senior Vice President. Despite explicit waiver language in the agreements, the Tribe's constitution and civil judicial code dictate that only the Tribal Council can expressly waive sovereign immunity, which it did not do. Consequently, the court granted the defendants' motion to dismiss against the Tribe and the Casino. Furthermore, the Management Company was also dismissed from the suit as the Tribe and the Casino were deemed indispensable parties under Fed.R.Civ.P. 19(b).

Contract DisputeSovereign ImmunityTribal LawIndian Gaming Regulation ActBreach of ContractMotion to DismissSubject Matter JurisdictionAgency LawWaiver of ImmunityIndispensable Parties
References
13
Case No. ADJ9065158
Regular
Aug 12, 2016

GARY ROBERTS vs. TAMPA BAY LIGHTNING, PITTSBURGH PENGUINS, FLORIDA PANTHERS, TORONTO MAPLE LEAFS, CAROLINA HURRICANES, FEDERAL INSURANCE COMPANY / CHUBB GROUP OF INSURANCE COMPANIES, CALGARY FLAMES

Here's a summary of the case in four sentences for a lawyer: This case concerns the Workers' Compensation Appeals Board's (WCAB) jurisdiction over a professional hockey player's cumulative injury claim. The WCAB affirmed jurisdiction, finding that the applicant's 59 games played in California created a sufficient connection for due process, despite most of his career being elsewhere. The Board distinguished this case from precedent where a single game was deemed insufficient contact. The petition for reconsideration was denied, as California has a legitimate interest in adjudicating injuries sustained within its borders.

Cumulative TraumaJurisdictionProfessional AthleteHockey PlayerDue ProcessSubstantial InterestExtraterritorial ProvisionsReciprocityDe Minimis ConnectionInjurious Exposure
References
2
Case No. MISSING
Regular Panel Decision

Midey v. Romulus Central School District

Claimant, an untenured elementary school teacher, was injured while participating in a donkey basketball game. She volunteered after her principal encouraged teachers to participate to prevent the game's cancellation, believing it would help with her tenure prospects. She sustained a left knee injury during the game. The Workers’ Compensation Board ruled that her injury was accidental and arose out of and in the course of her employment, as the activity was encouraged and promoted by her employer. The school appealed this determination. The court affirmed the Board's decision, finding that the principal's overt encouragement constituted sponsorship under Workers' Compensation Law § 10 (1).

Workers' CompensationAccidental InjuryCourse of EmploymentEmployer SponsorshipOff-Duty Athletic ActivityPrincipal EncouragementTenure ProspectsDonkey BasketballKnee InjuryWorkers' Compensation Law § 10(1)
References
3
Case No. ADJ9682925
Regular
May 12, 2017

Roger Jay Bass vs. STATE OF CALIFORNIA, DEPT. OF CORRECTIONS & REHABILITATION, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

This case involves applicant Roger Jay Bass who claimed a single cumulative injury to his heart and orthopedic body parts. The defendant contended there were two separate injuries and argued for different methods of combining permanent disability. While the Appeals Board agreed it was a single cumulative injury, they found insufficient medical evidence to support the original judge's method of adding permanent disabilities. Therefore, the Board granted reconsideration, affirmed the finding of a single injury, but remanded the case to allow further development of the record regarding permanent disability calculation.

Cumulative injuryOrthopedic injuriesHeart conditionPermanent disabilityCombined Values Chart (CVC)Findings and Award (F&A)Petition for ReconsiderationWorkers' Compensation Appeals Board (WCAB)Administrative Law Judge (WCJ)Labor Code 5412
References
10
Case No. MISSING
Regular Panel Decision

Lewis Family Farm, Inc. v. Adirondack Park Agency

Lewis Family Farm, Inc. (LFF), an organic farm, initiated construction of three single-family dwellings for employees within a resource management area of the Adirondack Park without a permit. The Adirondack Park Agency (Agency) issued a cease and desist order and sought enforcement, arguing these were 'single family dwellings' requiring permits, not exempt 'agricultural use structures'. LFF challenged the Agency's jurisdiction and interpretation, asserting that dwellings associated with agricultural use should be considered 'agricultural use structures'. The court annulled the Agency's determination, concluding that single-family dwellings 'directly and customarily associated with agricultural use' can qualify as 'agricultural use structures' under the APA Act, thereby dismissing the Agency's enforcement action.

Adirondack Park Agency ActAgricultural Use StructuresSingle Family DwellingsResource Management AreasPermit RequirementsStatutory InterpretationSubdivision of LandFarm Worker HousingArticle 78 ProceedingAdministrative Determination
References
54
Case No. ADJ7186626 ADJ7186634
Regular
Dec 02, 2013

JAMES WILLIAMS vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board clarified that an employee's signed waiver of participation in a recreational activity does not preclude a finding of compensability if the activity was sanctioned by the employer or expected as part of employment. In this case, the basketball game was neither sanctioned nor expected by the employer. Therefore, the applicant's injury sustained during the game is not compensable under Labor Code section 3600(a)(9).

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 3600(a)(9)sanctioned activitywaiveremployment expectationcompensabilityCity of Stockton v. Workers' Comp. Appeals Bd.Tensfeldt v. Workers' Comp. Appeals Bd.Taylor v. Workers' Comp. Appeals Bd.
References
4
Case No. ADJ7033642
Regular
Jul 24, 2013

JOHNNY REVELS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT; SEDGWICK

The Workers' Compensation Appeals Board denied the Los Angeles Unified School District's petition for reconsideration. The Board adopted the administrative law judge's report, finding that a single physician's opinion can constitute substantial evidence, even if it contradicts other medical opinions. The Board also noted the defendant's violation of procedural rules regarding single-spacing. The petition was denied based on the established medical evidence and procedural issues.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ ReportSubstantial EvidencePhysician OpinionRegulation ViolationsRules 10232(a)(11)Rule 10845(a)Single SpacingPetition Denial
References
1
Case No. EUR 038931
Regular
Aug 08, 2007

STANLEY HOLCOMB, JR. vs. THE PACIFIC LUMBER COMPANY

This case concerns the application of the 104-week temporary disability payment limit under Labor Code Section 4656(c)(1) for a single cumulative injury to multiple body parts. The Board affirmed the judge's decision, holding that the statute applies regardless of whether one or multiple body parts are affected by a single injury. The specific commencement date for the 104-week period was deferred, with jurisdiction reserved for the parties to resolve this issue.

Workers' Compensation Appeals BoardStanley Holcomb Jr.The Pacific Lumber CompanyOpinion and Decision After ReconsiderationTemporary Total DisabilityLabor Code section 4656(c)(1)Aggregate Disability PaymentsCompensable WeeksDate of CommencementCumulative Injury
References
2
Case No. STK 0192031
Regular
Aug 10, 2007

JOSE CRUZ vs. TRACY DODGE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board reconsidered an award of continuing temporary disability benefits, finding that payments are limited to 104 weeks from the initial payment date under Labor Code section 4656(c)(1). The Board clarified that an injury to multiple body parts from a single incident still constitutes a "single injury" for purposes of this limitation. Jurisdiction was reserved to determine the exact date of the first temporary disability payment to calculate the 104-week period.

Labor Code section 4656(c)(1)Hawkins v. Amberwood Productstemporary disability indemnity104 compensable weeksdate of first paymentsingle injuryspecific injurysection 3208.1(a)temporary total disabilitytemporary partial disability
References
1
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