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Case Law Database

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

Case No. ADJ7479879
Regular
Feb 21, 2014

Gregory Foster vs. Toronto Raptors, Chubb Group Insurance (Federal Insurance Company), Milwaukee Bucks, Los Angeles Lakers, TIG Insurance Company

This case involves a remand from the Court of Appeal for the Workers' Compensation Appeals Board (WCAB) to award additional attorney fees to the applicant's attorneys. The Court of Appeal's order, which has become final, was based on services rendered in connection with the defendant's petition for a writ of review. The WCAB determined that $3,500.00 is a reasonable fee, considering the attorney's efforts, the appellate outcome, and the complexity of the work. Consequently, the Board awarded this amount for appellate attorney fees against the defendant Toronto Raptors, insured by Federal Insurance Company.

Workers' Compensation Appeals BoardLabor Code § 5801Petition for Writ of Reviewappellate attorney's feessupplemental awardremandCourt of AppealFourth Appellate DistrictDivision 3Employers Mutual Liability Insurance Company v. Workers' Comp. Appeals Bd. (Rodriguez)
References
Case No. ADJ7632328
Regular
Apr 17, 2015

CHRIS CHILDS vs. NEW JERSEY NETS, CHUBB INSURANCE COMPANY, FEDERAL INSURANCE COMPANY, TORONTO RAPTORS, NEW YORK KNICKS, TIG INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded an amended award and returned the case to the trial level for further proceedings. The WCAB cited the need to fully address jurisdiction and liability issues, particularly in light of a recent appellate court decision and ambiguities in the applicant's testimony regarding the place of hire. The applicant, a professional basketball player, claimed cumulative industrial injury while playing for various teams. The Board emphasized developing a clearer record on the contract of hire's location in California, as this is a critical basis for WCAB jurisdiction.

WCABCHRIS CHILDSNEW JERSEY NETSCHUBB INSURANCE COMPANYFEDERAL INSURANCE COMPANYTORONTO RAPTORSNEW YORK KNICKSTIG INSURANCE COMPANYADJ7632328RECONSIDERATION
References
Case No. ADJ9243095
Regular
Aug 09, 2018

CLIFFORD ROZIER vs. MINNESOTA TIMBERWOLVES/TIG, administered by FAIRMONT PREMIER INSURANCE COMPANY, TORONTO RAPTORS/TIG, administered by ZENITH INSURANCE COMPANY, GOLDEN STATE WARRIORS/TIG, administered by ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a WCJ's Findings and Order regarding applicant Clifford Rozier's evidence. However, applicant Rozier died on July 6, 2018, and a death benefit claim is anticipated. Due to this significant development, the WCAB rescinded the prior Findings and Order. The case is now returned to the trial level for further proceedings to address the new circumstances.

Workers' Compensation Appeals BoardMinnesota TimberwolvesToronto RaptorsGolden State WarriorsFairmont Premier InsuranceZenith InsuranceFindings and OrderAdmissibility of evidenceDeath benefitsRescinded
References
Case No. ADJ9113575
Regular
Jul 26, 2018

DOUGLAS FAVELL vs. COLORADO ROCKIES/NEW JERSEY DEVILS, TORONTO MAPLE LEAFS, PHILADELPHIA FLYERS, OKLAHOMA CITY BLAZERS, SAN FRANCISCO SEALS, PINNACOL ASSURANCE

This case involved a professional hockey player's workers' compensation claim for injuries sustained across multiple teams from 1965-1979. The Workers' Compensation Appeals Board denied the Toronto Maple Leafs' petition for reconsideration. The Board affirmed the finding that the Colorado Rockies, and their insurer Pinnacol Assurance, were exempt from California workers' compensation laws under Labor Code section 3600.5(b) due to reciprocal exemptions with Colorado law at the time of employment. Consequently, Toronto was held liable as the next employer over which California had jurisdiction.

Workers' Compensation Appeals BoardIndustrial InjuryProfessional Hockey PlayerPermanent DisabilityFuture Medical TreatmentLabor Code Section 3600.5(b)Labor Code Section 5500.5(a)ExemptedReciprocal StatuteColorado Revised Statute
References
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
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