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

Case No. ADJ4628645
Regular
Dec 08, 2014

STEPHINO BROWN vs. FIRST TRANSIT/FIRST GROUP; BROADSPIRE, SEDGWICK, GALLAGHER BASSETT SERVICES

The applicant, Stephino Brown, filed a second petition to disqualify the presiding judge, alleging denial of due process and bias. However, the Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. California WCAB Rule 10452 requires disqualification petitions to be filed within 10 days of service of the notice of hearing. Since the applicant filed his petition over a month after the notice of hearing was served, it was untimely and therefore dismissed.

DisqualificationPresiding JudgeDue ProcessBiasUntimely PetitionWCAB Rule 10452Notice of HearingMandatory Settlement ConferenceWorkers' Compensation Administrative Law JudgeSelf-Represented Applicant
References
Case No. ADJ10737420, ADJ11230735
Regular
May 28, 2019

METHVEN BROWN (Deceased), JANINE BROWN (Widow) vs. COUNTY OF SACRAMENTO, Permissibly Self-Insured, SACRAMENTO COUNTY PROBATION DEPARTMENT

The Workers' Compensation Appeals Board denied reconsideration of a decision finding no industrial injury to the decedent's heart or cerebrovascular system. The widow argued the administrative law judge erred by disallowing further discovery from a cardiologist. However, the Board adopted the judge's report, which noted a neurologist already testified that heart trouble and industrial stress were not medically probable causes of the decedent's stroke and death. The applicants failed to demonstrate why a cardiologist would be more competent to offer such opinions.

Methven BrownJanine BrownCounty of SacramentoSacramento County Probation DepartmentADJ10737420ADJ11230735Petition for ReconsiderationJoint Findings and Orderindustrial injuryheart injury
References
Case No. ADJ1360622 (ANA 0407664)
Regular
Jul 22, 2013

LUCIUS SANFORD vs. BALTIMORE RAVENS\/CLEVELAND BROWNS, BUFFALO BILLS

This case concerns an applicant's workers' compensation claim against the Cleveland Browns for injuries sustained as a professional football player. The Appeals Board, reconsidering a prior award, determined that the Browns and the applicant were exempt from California workers' compensation jurisdiction under Labor Code section 3600.5(b). This exemption applies when an employee is hired outside of California, temporarily works within the state, and the employer provides coverage under another state's laws that reciprocally exempts such arrangements. Consequently, the prior award was rescinded, and the Browns were dismissed as a defendant, with the case returned for further proceedings.

WCABADJ1360622Lucius SanfordBaltimore RavensCleveland BrownsBuffalo BillsLabor Code Section 3600.5(b)Findings And AwardWCJpermanent disability
References
Case No. ADJ14657802
Regular
Sep 19, 2022

STEVE LAUTER vs. BALTIMORE RAVENS FKA CLEVELAND BROWNS, PERMISSIBLY SELF-INSURED, ADMINISTERED BY BERKLEY ENTERTAINMENT, SAN DIEGO CHARGERS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FOR FREMONT INSURANCE, IN LIQUIDATION

The Workers' Compensation Appeals Board granted reconsideration of a prior ruling and amended a finding of fact. The Board affirmed that California lacked personal jurisdiction over the Baltimore Ravens (formerly Cleveland Browns) for applicant's claimed injuries. The decision found no evidence of a contract formed in California and that the applicant's activities with the Browns, including games played in California, occurred after his release and were not connected to his claimed injury. The Board also declined to disturb the WCJ's reliance on pre-2005 medical-legal procedures.

Workers' Compensation Appeals BoardPersonal JurisdictionSubject Matter JurisdictionMinimum ContactsSpecial AppearanceContract of HireOffer and AcceptanceOral ContractForum StateLabor Code Section 4062
References
Case No. ADJ6426842
Regular
Jul 22, 2013

DAN FIKE vs. BALTIMORE RAVENS/CLEVELAND BROWNS

This case concerns a claim for cumulative industrial injury by a professional football player against his former employer. The Workers' Compensation Appeals Board affirmed the administrative law judge's decision that California lacked jurisdiction over the claim. This was based on Labor Code section 3600.5(b), which exempts employees hired outside California and temporarily working within the state, provided the employer has extraterritorial coverage with another state that reciprocally exempts California. The employer, the Browns, successfully demonstrated these conditions were met under Ohio law.

Labor Code section 3600.5extraterritorial provisionsregularly employedtemporarily in Californiahired outside of Californiaself-insured employerOhio workers' compensation lawsCalifornia workers' compensation lawcumulative industrial injuryprofessional football player
References
Case No. ADJ6696775, ADJ7402305
Regular
Apr 27, 2012

ANDRICK COREY JACKSON vs. DENVER BRONCOS AND CLEVELAND BROWNS

The Workers' Compensation Appeals Board granted reconsideration of a February 13, 2012 Findings and Award at the request of defendant Cleveland Browns. This action was taken due to statutory time constraints and a preliminary review indicating a need for further study of factual and legal issues. The Board seeks a complete understanding of the record to issue a just decision. Pending a Decision After Reconsideration, all filings must be submitted in writing to the WCAB Commissioners' office, not to district offices or through e-filing.

ADJ6696775ADJ7402305WORKERS' COMPENSATION APPEALS BOARDANDRICK COREY JACKSONDENVER BRONCOSCLEVELAND BROWNSPermissibly Self-InsuredOPINION AND ORDER GRANTING RECONSIDERATIONPetition for ReconsiderationFindings and Award
References
Case No. ADJ6832001
Regular
Jan 06, 2011

RONALD BROWN vs. INLAND COLD STORAGE, AMERICAN ZURICH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) has denied Ronald Brown's Petition for Removal in the case against Inland Cold Storage and American Zurich Insurance Company. The WCAB adopted the Workers' Compensation Judge's report as the basis for this denial. The Board also declined to consider sanctions against the defendant at this time. Therefore, the petition for removal is definitively denied.

Petition for RemovalDenying RemovalWorkers' Compensation Appeals BoardWCJ ReportSanctionsAdministrative Law JudgeAmerican Zurich Insurance CompanyInland Cold StorageRonald BrownADJ6832001
References
Case No. ADJ1990332 (OAK 0251897), ADJ332563 (OAK 0262649), ADJ2879880 (OAK 0263586), ADJ4303903 (OAK 0264811)
Regular
Mar 10, 2014

Terry D. Brown vs. Port of Oakland, Permissibly Self-Insured

The Workers' Compensation Appeals Board dismissed Terry D. Brown's petition for reconsideration as untimely and duplicative. Brown's petition sought to revisit prior decisions regarding his Labor Code section 132a claims, which had already been dismissed and denied appellate review. The Board found the petition was filed years after the relevant decision and that Brown had previously been declared a vexatious litigant. While Brown raised issues of competency and requested an advocate, the Board noted there is no right to a court-appointed attorney in WCAB proceedings.

Vexatious litigantLabor Code section 132aPetition for reconsiderationDuplicative petitionUntimely filingIncompetencyGuardian ad litemTrusteePre-filing reviewOfficial Address Record
References
Case No. ADJ9426340 ADJ9182419
Regular
May 18, 2016

ANTHONY FISHER vs. PUTNAM LEXUS, PUBLIC SERVICE MUTUAL INSURANCE COMPANY, CORVEL CORPORATION

This case concerns applicant Anthony Fisher's claim for stem cell treatment for his knees. The primary treating physician submitted Requests for Authorization (RFAs) which the defendant argued were never received. The Workers' Compensation Appeals Board (WCAB) rescinded the prior denial, finding the exclusion of applicant's witness testimony (Sarina Brown) was an error. The matter is returned to the trial level to admit Ms. Brown's declaration and allow both parties to present further evidence regarding RFA transmission and the medical necessity of the treatment.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderRequest for Authorizationmesenchymal Adipose derived stem cellutilization reviewAgreed Medical Evaluatordeclaration of Sarina Brownhearsaydue process
References
Case No. ADJ6836629
Regular
Oct 01, 2013

EVERSON WALLS vs. BALTIMORE RAVENS fka CLEVELAND BROWNS, NEW YORK GIANTS, PMA INSURANCE GROUP c/o GALLAGHER BASSETT and NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA c/o CHARTIS CLAIMS INC., DALLAS COWBOYS, TRAVELERS INSURANCE COMPANY

This case concerns Everson Walls' workers' compensation claim against the Cleveland Browns (now Baltimore Ravens) for an injury sustained while playing professional football. The Board found that Walls was only temporarily employed in California and that the Browns, as a self-insured Ohio employer, provided coverage under Ohio law, which reciprocates California's extraterritorial provisions. Consequently, the Browns are exempted from California workers' compensation law under Labor Code §3600.5(b), and are therefore dismissed from the case.

Workers' Compensation Appeals BoardLabor Code §3600.5(b)National Football LeagueNFLProfessional Football PlayerCumulative Trauma InjuryTemporary Employee ExemptionExtraterritorial CoverageOhio Bureau of Workers' CompensationSelf-Insured Employer
References
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