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

Case No. ADJ3480894 (ANA 0403951)
Regular
Jun 26, 2012

REGGIE DUPARD vs. WASHINGTON REDSKINS, THE HARTFORD INSURANCE COMPANY

Applicant Reggie DuPard sought reconsideration of a decision barring his California workers' compensation claim. The Administrative Law Judge found the claim barred by a 2004 General Release settlement agreement with the Washington Redskins and Hartford Insurance Company, which DuPard had signed in Maryland for a specific right hip injury. DuPard argued the release only covered that injury, but the Board found the language clearly encompassed all potential claims against the employer and insurer. Therefore, the Board denied reconsideration, deeming the claim barred by the comprehensive settlement.

Workers' Compensation Appeals BoardReggie DuPardWashington RedskinsThe Hartford Insurance CompanyGeneral ReleaseStatute of LimitationsLabor Code section 5405Professional AthleteSpecific InjuryCumulative Injury
References
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
Case No. ADJ8159444
Regular
Jul 30, 2018

BRANDON NOBLE vs. WASHINGTON REDSKINS, DALLAS COWBOYS, SAN FRANCISCO 49ERS, INSURANCE COMPANY OF NORTH AMERICA/ACE USA, ESIS, INC., FAIRMONT INSURANCE COMPANY, ZENITH INSURANCE COMPANY, NATIONAL UNION AND FIRE INSURANCE, GALLAGHER BASSETT SERVICES SERVICES, TRAVELERS INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address the applicant's contention that the Washington Redskins should not have been dismissed from the case. Although the applicant initially sought and obtained a dismissal of the Redskins with prejudice, they were later rejoined to the case by the judge. The WCAB found that the Redskins waived their objection to this rejoinder by failing to raise it promptly. Consequently, the WCAB rescinded the previous findings and returned the case for further proceedings, leaving the substantive issues regarding liability and arbitration unresolved.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAdministrative Law JudgeCumulative Trauma InjuryDismissal with PrejudiceRejoining PartyWaiver of ObjectionRes JudicataSubject Matter Jurisdiction
References
Case No. ADJ8075069
Regular
Oct 17, 2013

African Grant vs. Washington Redskins, Hartford Insurance Company

This case involves a petition for reconsideration filed by the Washington Redskins and their insurer, Hartford Insurance Company, concerning a workers' compensation award. The petition was dismissed because it was filed beyond the statutory 25-day deadline after the initial Findings and Award were issued. Even if considered on its merits, the Board would have denied reconsideration based on the provided report and recommendation. The Judge's report details that the applicant, African Grant, sustained a cumulative trauma injury over his football career, and the dismissal was based solely on the untimeliness of the petition.

Petition for Reconsiderationuntimely filingLabor Code Section 5903cumulative traumastatute of limitationsLabor Code Section 5412substantial evidenceLabor Code Section 5500.5relation back doctrinejurisdiction
References
Case No. ADJ1303018 (ANA 0382837)
Regular
May 18, 2009

GEORGE T. JOHNSON vs. NEW JERSEY NETS, INA/ACE USA, SEATTLE SUPERSONICS, WASHINGTON STATE DEPARTMENT OF LABOR & INDUSTRY

The Workers' Compensation Appeals Board (WCAB) rescinded a prior ruling finding California had jurisdiction over Washington State Department of Labor & Industries (Washington L&I) in a claim by former NBA player George T. Johnson. The WCAB determined personal jurisdiction over Washington L&I was not established and that the issue is moot unless Washington L&I was duly authorized to provide workers' compensation insurance in California per Labor Code section 3700. The case is returned to the trial level to determine if the employer, Seattle Supersonics, was lawfully insured or self-insured in California during the alleged injury period, which could result in Seattle being held liable as an uninsured employer.

Workers' Compensation Appeals BoardWashington State Department of Labor & IndustriesSeattle Supersonicsjurisdictionsubject matter jurisdictionpersonal jurisdictioncumulative trauma injuryprofessional basketball playeruninsured employerduly authorized insurer
References
Case No. ADJ3461600 (ANA 0373630)
Regular
May 20, 2009

David Thompson vs. Seattle Supersonics, Washington State Department of Labor & Industry

This case involves a professional basketball player's workers' compensation claim for cumulative trauma injury sustained while playing in California for the Seattle Supersonics. The California Workers' Compensation Appeals Board (WCAB) rescinded a prior award due to a lack of established personal jurisdiction over the Washington State Department of Labor & Industries and a failure to prove the Seattle Supersonics were lawfully insured or self-insured in California. The case is returned to the trial level to determine if the Supersonics met their statutory obligations for workers' compensation coverage in the state. The WCAB will also address remaining contentions regarding apportionment and limitations on liability.

Cumulative traumaProfessional basketballPersonal jurisdictionWashington L&ISpecial appearanceMotion to quashMinimum contactsStatute of limitationsApportionmentLabor Code section 3700
References
Case No. ADJ2253765 (VNO 0561741)
Regular
Mar 17, 2017

MAKE NEHDAR vs. WASHINGTON MUTUAL, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision. The applicant, Mike Nehdar, sought to correct the description of injured body parts in a May 16, 2013 Opinion and Order. The original WCAB decision had rescinded a previous administrative law judge's finding and substituted its own. The applicant correctly identified a clerical error in the substituted finding regarding the specific body parts injured. The WCAB granted reconsideration to correct this clerical error, affirming its prior decision but amending the finding to accurately reflect the applicant's claimed injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWorkers' Compensation Administrative Law JudgeCumulative TraumaInjury AOE/COEClerical ErrorPetition to Correct Clerical ErrorLower ExtremitiesNeurological
References
Case No. ADJ13650693
Regular
Mar 15, 2023

KENNY LOFTON vs. CLEVELAND GUARDIANS, LOS ANGELES DODGERS, TEXAS RANGERS, ACE AMERICAN INSURANCE, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns Kenny Lofton's workers' compensation claim against several baseball teams, including the Los Angeles Dodgers and Texas Rangers. The defendants sought reconsideration of the finding of subject matter jurisdiction, arguing the contracts were not made in California. However, the Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report. The judge found that oral agreements made in California while Lofton was physically present, even with some terms yet to be finalized, established sufficient connection for California jurisdiction. The ruling relies on California Labor Codes and established case law regarding contract formation for employment.

Workers' Compensation Appeals BoardPetition for ReconsiderationSubject Matter JurisdictionContract of HireLabor Code Sections 3600.5Labor Code Section 5305Alaska PackersBowen v. Workers' Comp. Appeals Bd.Janzen v. Workers' Comp. Appeals Bd.Globe Cotton Oil Mills
References
Case No. ADJ04533710 (SAC 0340401)
Regular
Dec 31, 2008

HOPE MORENO vs. WASHINGTON UNIFIED SCHOOL DISTRICT

The defendant, Washington Unified School District, sought reconsideration of a decision regarding Hope Moreno's workers' compensation claim. The Appeals Board granted reconsideration to allow further study of the factual and legal issues, aiming for a just and reasoned decision. All future communications related to this case must be directed to the Appeals Board's Reconsideration unit in San Francisco.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsService by MailMullen & Filippi
References
Case No. ADJ4001266 (OAK 0331817) ADJ4670526 (WCK 0069819) ADJ3423569 (WCK 0069821) ADJ3627553 (WCK 0069824) ADJ3316512 (WCK 0069825)
Regular
Feb 22, 2010

CAROL PEREDA vs. WASHINGTON HOSPITAL, TRISTAR RISK MANAGEMENT

This case involves a petition for reconsideration by Washington Hospital concerning a Workers' Compensation Appeals Board (WCAB) decision. The WCAB granted reconsideration to correct clerical errors identified by the defendant regarding permanent disability awards and attorney fees for multiple industrial injuries sustained by Carol Pereda. The WCJ's report confirmed the clerical errors, leading the WCAB to amend the original Findings and Award to accurately reflect the calculations for temporary and permanent disability indemnity and associated attorney fees.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardClerical ErrorPermanent DisabilityCumulative TraumaTemporary DisabilityWage Loss BasisApportionmentMedical Treatment
References
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