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

Case No. ADJ7926189

Regular

Apr 01, 2014

Robert Hurley vs. Sacramento Kings, Vancouver Grizzlies, TIG

The Appeals Board granted reconsideration to determine the correct Permanent Disability Rating Schedule (PDRS) to be used for the applicant's cumulative injury claim. The Board ruled that the 2005 PDRS, not the 1997 PDRS, should apply as the defendant was not required to provide the Labor Code § 4061 notice prior to January 1, 2005. The case is returned to the trial level for a new decision using the 2005 PDRS after further development of the record. The prior decision's findings on permanent disability and statute of limitations are rescinded without prejudice.

Permanent Disability Rating ScheduleStatute of LimitationsLabor Code SectionsQualified Medical EvaluatorsCumulative InjurySubstantial EvidencePetition for ReconsiderationFindings and AwardVocational RehabilitationApportionment

References

Case No. ADJ8804405

Regular

May 19, 2017

JAMIE HUSCROFT vs. CALGARY FLAMES, FRESNO FALCONS, STOCKTON THUNDER, TAMPA BAY LIGHTNING, VANCOUVER CANUCKS, PHOENIX COYOTES, WASHINGTON CAPITALS, FEDERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reversed a finding of no subject matter jurisdiction, holding that California's workers' compensation laws apply to applicant Jamie Huscroft's cumulative industrial injury claim. Applicant was hired in California by the Fresno Falcons and played for them and other teams during his professional hockey career from 1988 to 2000. The WCAB found jurisdiction based on the contract of hire and work performed in California, pursuant to Labor Code sections 3600.5(a) and 5305. The case was returned to the trial level for further proceedings on the claim.

Subject Matter JurisdictionCumulative Industrial InjuryContract of HireProfessional Hockey PlayerLabor Code Sections 3600.5(a)5305WCABReconsiderationFindings and OrderReport and Recommendation

References

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Robert Hurley vs. Sacramento Kings, Vancouver Grizzlies, TIG

JAMIE HUSCROFT vs. CALGARY FLAMES, FRESNO FALCONS, STOCKTON THUNDER, TAMPA BAY LIGHTNING, VANCOUVER CANUCKS, PHOENIX COYOTES, WASHINGTON CAPITALS, FEDERAL INSURANCE COMPANY

Subject Matter JurisdictionCumulative Industrial InjuryContract of HireProfessional Hockey PlayerLabor Code Sections 3600.5(a)5305WCABReconsiderationFindings and OrderReport and Recommendation