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

Case No. ADJ2007566
Regular
Dec 10, 2012

ALVIN HARPER vs. TAMPA BAY BUCANEERS

This case involves a petition for reconsideration filed by defendant Tampa Bay Buccaneers. The Workers' Compensation Appeals Board (WCAB) is granting this petition. This action is being taken to allow for a more thorough review of the factual and legal issues. The WCAB needs this additional time and potential further proceedings to ensure a just and reasoned decision is issued.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationAlvin HarperTampa Bay BuccaneersPermissibly Self-InsuredStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned Decision
References
Case No. ADJ6627095
Regular
Jun 13, 2014

, CHARLIE GARNER, vs. , TAMPA BAY BUCCANEERS; PACIFIC EMPLOYERS INSURANCE COMPANY; OAKLAND RAIDERS; ACE AMERICAN INSURANCE COMPANY,

In this workers' compensation case, the Appeals Board rescinded an arbitrator's decision and ruled that the Tampa Bay Buccaneers are not entitled to contribution from the Oakland Raiders. The applicant, a professional football player, sustained a cumulative injury during his NFL career, with the key issue being the relevant Labor Code section 5500.5 one-year liability period. The Board determined that the applicant's last date of injurious exposure, including rehabilitation and training, extended to his termination by the Buccaneers on August 30, 2005, thus placing only Tampa Bay within the liability period. Consequently, the Buccaneers' petition for contribution from the Raiders was denied.

WCABPetition for ReconsiderationPetition for ContributionLabor Code Section 5500.5Cumulative InjuryDate of InjuryLast Injurious ExposureTemporary DisabilityPermanent DisabilityInjured Reserve
References
Case No. ADJ1889994
Regular
Oct 28, 2010

DARRELL FULLINGTON vs. TAMPA BAY BUCCANEERS

The Workers' Compensation Appeals Board granted reconsideration of a prior decision because the applicant's case has been settled. The Board rescinded the prior findings and award and returned the matter to the trial level. This allows the judge to approve the settlement, or if not approved, the original decision can be reinstated and reconsidered.

Workers' Compensation Appeals BoardReconsiderationRescinded DecisionTrial Level ProceedingsFindings and AwardWorkers' Compensation Administrative JudgeSettlement ApprovalFurther ProceedingsPetition for ReconsiderationDefendant's Letter
References
Case No. ADJ9088316
Regular
Sep 20, 2022

FRANKLIN OLIVER vs. TAMPA BAY BUCCANEERS, ESIS

This case involves a former professional athlete claiming permanent total disability due to a progressive brain injury. The Appeals Board affirmed a 98% permanent disability award but will reserve jurisdiction for future reassessment due to the insidious and progressive nature of the applicant's condition, as per the *Jackson* doctrine. The Board rejected the claim for conclusive presumption of permanent total disability under Labor Code section 4662(a)(4), finding insufficient evidence of permanent mental incapacity based on medical opinions. Further, temporary disability benefits were denied as the applicant was employed post-football career until retirement.

Workers' Compensation Appeals BoardFranklin OliverTampa Bay BuccaneersESISAdjudication Number ADJ9088316ReconsiderationFindings and AwardProfessional AthleteOccupational Group 590California Subject Matter Jurisdiction
References
Case No. ADJ6648503
Regular
Aug 19, 2013

KENYATTA WALKER vs. TAMPA BAY BUCCANEERS, ACE PACIFIC EMPLOYERS

The Appeals Board granted reconsideration, rescinded the WCJ's prior award, and returned the case for further proceedings. The Board found that the WCJ should have considered the enforceability of a forum selection clause in the employment contract, which dictates jurisdiction in Florida. This decision was based on a new en banc ruling establishing precedent for declining jurisdiction when such clauses exist and have a limited connection to California. The case will be re-heard to fully address the forum selection clause and its impact on jurisdiction and the applicant's claims.

WCABKenyatta WalkerTampa Bay BuccaneersACE Pacific EmployersADJ6648503Petition for ReconsiderationFindings and AwardIndustrial InjuryProfessional Football PlayerCumulative Period
References
Case No. ADJ9088316, ADJ9815876
Regular
Aug 07, 2017

FRANKLIN OLIVER vs. TAMPA BAY BUCCANEERS, SAN FRANCISCO 49ERS, INSURANCE COMPANY OF NORTH AMERICA/ACE USA, ESIS, INC.

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was not filed from a "final" order, as it only addressed intermediate procedural or evidentiary issues. The Board also denied the Petition for Removal, finding no evidence of substantial prejudice or irreparable harm. The WCJ's report, which determined the decision did not resolve substantive rights or threshold issues, was adopted by the Board. Therefore, the petition was dismissed and denied as it sought reconsideration of a non-final order and removal without meeting the extraordinary remedy requirements.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueSubstantial PrejudiceIrreparable HarmExtraordinary Remedy
References
Case No. ADJ7109517
Regular
May 05, 2011

DWAYNE RUDD vs. OAKLAND RAIDERS AND ACE/USA, Administered by ESIS, TAMPA BAY BUCCANEERS, Permissibly Self-Insured, Administered by NOVA PRO RISK SOLUTIONS

The Workers' Compensation Appeals Board granted reconsideration to reverse a prior decision and found applicant Dwayne Rudd's claim barred by the statute of limitations. Despite the WCJ finding defendants estopped to assert the defense due to notice violations, the Board determined Rudd possessed actual knowledge of his workers' compensation rights. This knowledge was evidenced by his signing of a DWC-1 form and retaining multiple law firms to pursue prior, dismissed claims for the same cumulative trauma injury. Therefore, the Board concluded there was no prejudice from the lack of notice, and the claim was untimely.

Workers' Compensation Appeals BoardDwayne RuddOakland RaidersACE/USATampa Bay BuccaneersNova Pro Risk Solutionsindustrial cumulative traumaprofessional football playerstatute of limitationsestoppel
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. ADJ8073837
Regular
Nov 17, 2015

Sean Love vs. Tampa Bay Buccaneers

This case concerns whether the Tampa Bay Buccaneers are exempt from California's workers' compensation laws for an injury sustained by a former player. The WCJ initially ruled against the Buccaneers, finding that Florida's reciprocity statute, which would allow for an exemption under Labor Code § 3600.5(b), was not in effect at the time of the player's work in California. The Appeals Board affirmed the WCJ's decision, holding that the conditions for exemption must exist at the time of injury and Florida's law cannot retroactively apply to alter California's jurisdiction. A dissenting opinion argued that the reciprocity statute's validity at the time of claim filing, not injury, should determine exemption, citing a prior Appeals Board case.

Labor Code 3600.5(b)extraterritorial provisionsreciprocity statuteFlorida Statute 440.094self-insuredcumulative injurytemporary employmentWorkers' Compensation Appeals BoardWCAB jurisdictionexclusive remedy
References
Case No. ADJ8627409
Regular
Feb 18, 2025

PAUL PIUROWSKI vs. DALLAS COWBOYS, ACE AMERICAN INSURANCE COMPANY, MIAMI DOLPHINS, MULTI-LINE CLAIMS SERVICES, INC., TAMPA BAY BANDITS, ZENITH INSURANCE COMPANY, SUMMIT CONSULTING LLC

The Workers' Compensation Appeals Board granted reconsideration regarding a cumulative trauma injury claim filed by Paul Piuroswki. The Board affirmed the WCJ's finding that defendants Tampa Bay Bandits and Associated Industries of Florida Self-Insurers Fund (AIFSIF) waived their personal jurisdiction defense by failing to timely litigate the issue over nearly two years while participating in the trial on the merits. However, the Board deferred the entry of an award. Further proceedings are required to determine the proper liable entity or entities and resolve issues related to insurance coverage under Labor Code section 5500.5.

Workers CompensationPersonal JurisdictionWaiverGeneral AppearanceSpecial AppearanceNotice of AppearancePetition for ReconsiderationFindings and AwardLabor Code Section 5500.5Insurance Coverage
References
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