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

Case No. ADJ 8937991
Regular
May 23, 2017

ANTONIO PIERCE vs. WASHINGTON REDSKINS, ACE AMERICAN INSURANCE AND TRAVELERS, NEW YORK FOOTBALL GIANTS, INC., GREAT DIVIDE INSURANCE COMPANY

This case concerns whether the California Workers' Compensation Appeals Board (WCAB) has jurisdiction over a professional football player's cumulative injury claim. The applicant asserts he was hired in California by the Washington Redskins and New York Football Giants, Inc., triggering WCAB jurisdiction. Defendants argued against jurisdiction, citing limited California contacts and employment contracts specifying other state laws. The WCAB affirmed the judge's finding of jurisdiction, holding that the applicant's hiring in California is sufficient to establish subject matter jurisdiction under Labor Code sections 3600.5 and 5305, irrespective of other contacts.

Workers' Compensation Appeals BoardAntonio PierceWashington RedskinsACE American InsuranceTravelersNew York Football GiantsGreat Divide Insurance Companyjurisdictioncontract of hireFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)
References
30
Case No. ADJ6636803
Regular
Jun 04, 2009

KEVIN A. CAMWELL vs. COMPASS GROUP, CAMBRIDGE INTEGRATED SERVICES GROUP for AIG

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded a prior order because the WCJ lacked jurisdiction. Neither party had filed an Application for Adjudication of Claim, which is required to establish the WCAB's jurisdiction and commence proceedings. While the defendant's petition for removal was untimely, the WCAB acted on its own motion due to the important jurisdictional issue raised. The WCAB held that without a filed application, it cannot conduct hearings or issue orders.

Petition for RemovalWorkers' Compensation Appeals BoardJurisdictionApplication for Adjudication of ClaimQualified Medical Evaluator (QME)Substantial EvidenceDiscoveryLabor Code Section 4663Untimely PetitionRescinded Order
References
1
Case No. ADJ 10341584, ADJ 10341594
Regular
Aug 26, 2016

JON SLAGLE vs. KASCO CORPORATION, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision denying jurisdiction over out-of-state injuries. The WCAB found jurisdiction exists because the applicant's contract of hire was made in California, even though the injuries occurred in Alabama. This conclusion is based on Labor Code section 5305, which grants jurisdiction when the contract of hire is made in California, and the residency requirement has been deemed unconstitutional. Therefore, the WCAB has jurisdiction over the applicant's claims for compensation.

WCAB jurisdictionLabor Code section 5305contract of hireout of state injuryPetition for ReconsiderationFindings of FactReport and Recommendationresidency requirementunconstitutionaloral contract
References
6
Case No. ADJ7828286
Regular
Oct 09, 2013

REGINALD GERMANY vs. BUFFALO BILLS, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinding the prior decision that California lacked jurisdiction over the applicant's cumulative trauma injury claim. The WCAB found that the prior judge improperly applied personal jurisdiction principles. The case is returned for further proceedings to determine if defendants are exempt from WCAB jurisdiction under Labor Code section 3600.5(b) or if jurisdiction should be declined based on a mandatory forum selection clause and limited connection to California, as established in relevant en banc decisions.

Workers' Compensation Appeals BoardCumulative Trauma InjuryJurisdictionProfessional Football PlayerMcKinley v. Arizona CardinalsLabor Code Section 3600.5(b)Carroll v. Cincinnati BrownsForum Selection ClauseLimited Connection to CaliforniaExtraterritorial Provisions
References
11
Case No. ADJ9660632
Regular
Feb 17, 2017

FRANCISCO SANCHEZ vs. MERCHANTS BUILDING MAINTENANCE dba GUARD SYSTEMS, INC., CLAIMQUEST, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior Minute Order that dismissed the applicant's case. The WCJ had found the WCAB lacked jurisdiction due to an alternative dispute resolution (ADR) agreement and directed parties to present the jurisdiction issue to an arbitrator. However, the WCAB found the WCJ's dismissal order lacked reasoning and evidence, failing to comply with legal requirements for a decision. The case is returned to the trial level for further proceedings and a new decision, to determine jurisdiction and whether the applicant's case should be reopened before the WCAB.

Workers' Compensation Appeals BoardPetition for ReconsiderationAlternative Dispute ResolutionJurisdictionDismissalMinute OrderDeclaration of Readiness to ProceedPetition for DismissalLabor CodeThreshold Issues
References
12
Case No. ADJ11364300
Regular
May 24, 2019

JOHN MANNING vs. ORANGE COUNTY FIRE AUTHORITY

This case involves a dispute over an applicant's entitlement to an Independent Medical Examiner (IME) under an Alternative Dispute Resolution (ADR) agreement governing workers' compensation claims. The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration, finding the original order was not a final decision. However, the WCAB granted the petition for removal, rescinded the administrative law judge's finding that no IME was warranted, and returned the case for further proceedings. The WCAB determined it was unclear whether it had jurisdiction to rule on the medical-legal discovery dispute, as parties cannot confer jurisdiction by stipulation, and ordered the trial judge to determine if the ADR program or the WCAB has jurisdiction.

ADR agreementCalifornia Labor Code §3201.7Independent Medical Examiner (IME)removalreconsiderationWorkers' Compensation Appeals Board (WCAB)specific injurycumulative traumafire captainskin cancer
References
1
Case No. ADJ7999818
Regular Panel Decision
Jul 15, 2021

Matter of Hill v. Shoprite Supermarkets Inc.

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Reconsideration filed by defendants C & C Appliance Repair and ACE Property & Casualty Insurance. The defendants sought to overturn the Workers' Compensation Administrative Law Judge (WCJ) P. Levine's Findings and Order, which asserted WCAB jurisdiction over Jessica Torres' claims. Defendants argued that Torres was an independent contractor, not an employee. However, the WCAB found no legal or factual error in the WCJ's decision, concluding that substantial evidence supported the finding of an employer-employee relationship and thus, WCAB jurisdiction. The Board referenced the Garcia v. DirectTV decision in its affirmation of the WCJ's jurisdiction determination.

Independent Contractor DisputeEmployer-Employee StatusJurisdiction ChallengePetition for Reconsideration DeniedCalifornia Labor CodeWCAB AuthorityAdministrative Law Judge DecisionSubstantial Evidence ReviewDue Process RightsAppellate Body Affirmation
References
4
Case No. ADJ8552834
Regular
Aug 24, 2015

JOHN SKORUPAN vs. NEW YORK GIANTS, ACE USA INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to clarify its jurisdiction over applicant John Skorupan's cumulative industrial injury claim against the New York Giants. The WCAB affirmed the administrative law judge's (ALJ) finding that while the WCAB has personal jurisdiction, California lacks a legitimate and substantial interest to exercise jurisdiction over the claim, citing the *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)* precedent. This decision hinges on the applicant's minimal California contacts (5 games out of 141 played) not establishing a sufficient connection for due process. Commissioner Sweeney dissented, arguing that the applicant's more than de minimis exposure in California and the state's public policy of protecting injured workers should support jurisdiction.

Workers' Compensation Appeals Boardcumulative industrial injuryprofessional athleteoutside linebackerspecial teamsFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)de minimis California contactsconstitutional due processPetition for ReconsiderationWCJ
References
1
Case No. ADJ7231165
Regular
Jun 18, 2013

Cedrick Hordges, Charles Scott, Willie Wise, Hollis Copeland, Jr., Ralph Simpson, Jacky Dorsey, Walter Brown vs. Denver Nuggets, Pinnacol Assurance

The Workers' Compensation Appeals Board (WCAB) granted Pinnacol Assurance's petitions for removal, finding the threshold issue to be whether the WCAB has personal jurisdiction over Pinnacol. The WCAB rescinded the WCJ's order compelling arbitration of coverage issues. All seven cases are returned to the trial level for a determination of personal jurisdiction over Pinnacol. Further proceedings will depend on the outcome of that jurisdictional decision.

Pinnacol AssuranceDenver NuggetsCedrick HordgesADJ7231165Petition for RemovalArbitrationLabor Code section 5275Insurance CoveragePersonal JurisdictionSpecial Appearance
References
6
Case No. ADJ10184700
Regular
Nov 29, 2017

JONATHAN PARKER vs. INDY FUEL HOCKEY, GREAT DIVIDE INSURANCE COMPANY

This case involves a defendant insurance company seeking reconsideration of a WCAB decision finding jurisdiction over a professional hockey player's injury claim. The defendant argued the WCAB lacked personal jurisdiction, but the Board denied reconsideration. The defendant waived its objection to personal jurisdiction by failing to timely raise it and instead engaging in discovery and litigating subject matter jurisdiction. Subsequent actions, such as filing a Declaration of Readiness to Proceed and participating in hearings without specifying a special appearance for personal jurisdiction, constituted a general appearance. Therefore, the WCJ's original decision finding jurisdiction was affirmed.

Workers Compensation Appeals BoardIndy Fuel HockeyGreat Divide Insurance CompanyADJ10184700Petition for ReconsiderationPersonal JurisdictionSubject Matter JurisdictionLabor Code 3600.5(a)Labor Code 5301Labor Code 5305
References
0
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