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

Case No. ADJ8240882; ADJ8240881; ADJ8615401
Regular
Apr 21, 2025

ROBERT S. HAPPENY vs. STATE OF CALIFORNIA, CALIFORNIA INSTITUTE FOR WOMEN

Applicant Robert S. Happeny sustained industrial injuries during his employment as a correctional officer, leading to a finding of permanent and total disability by the WCJ due to his inability for vocational retraining. The WCJ also issued an unapportioned award, concluding that apportionment to nonindustrial factors was not proven. Defendant challenged this decision via a petition for reconsideration, disputing the method of combining disabilities and the reliability of vocational reports. The Appeals Board granted reconsideration, affirming the WCJ's determination of permanent and total disability based on vocational infeasibility and the lack of established apportionment, ultimately rescinding the original decision and substituting new findings of fact.

ADJ8240882ADJ8240881ADJ8615401correctional officerindustrial injuryheartpsycheright wristrespiratory systemlumbar spine
References
Case No. ADJ8499686
Regular
Jul 31, 2015

KELLY STINNETT vs. LOS ANGELES DODGERS, NEW YORK METS, ARIZONA DIAMONDBACKS, KANSAS CITY ROYALS, ACE AMERICAN INSURANCE COMPANY, CINCINNATI REDS

This case concerns a professional baseball player's workers' compensation claim against multiple employers and their insurers, including the Los Angeles Dodgers. The Workers' Compensation Appeals Board (WCAB) denied the insurer's petition for reconsideration, upholding the finding of industrial injury and a 15% permanent disability "bump up" due to the employer's non-compliance with return-to-work requirements. The WCAB found sufficient connection to California jurisdiction as the applicant was employed by the Los Angeles Dodgers, a California-based team, during the cumulative trauma period. The WCAB also affirmed the application of Labor Code section 4658(d)(2), finding no exception for professional athletes.

Workers' Compensation Appeals BoardIndustrial InjuryPermanent DisabilityApportionmentLabor Code Section 4658(d)(2)ReconsiderationJurisdictionDue ProcessProfessional AthleteCumulative Trauma
References
Case No. ADJ8314191
Regular
Apr 27, 2015

JUAN MELO vs. THE SAN FRANCISCO GIANTS, ACE AMERICAN INSURANCE COMPANY, THE GOLDEN BASEBALL LEAGUE, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and rescinded a Workers' Compensation Judge's (WCJ) order for reimbursement of costs. The WCJ had ordered the State Compensation Insurance Fund (SCIF) to pay $1,350.00 to applicant's attorney for delays in clarifying insurance coverage. However, the Board clarified that Labor Code section 5811(a) does not permit the award of attorney's fees as costs, and any such award under Labor Code section 5813 would require proper notice and an opportunity to be heard, which was not provided. Therefore, the WCJ's order was improper.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder for Reimbursement of CostsLabor Code section 5811(a)State Compensation Insurance Fund (SCIF)Coverage issuesContinuous trauma claimInsurance policyRidersPolicy premium
References
Case No. ADJ9084481
Regular
Dec 06, 2017

AMAURY TELEMACO vs. PHILADELPHIA PHILLIES, ACE AMERICAN INSURANCE COMPANY, ARIZONA DIAMONDBACKS, VIRGINIA SURETY COMPANY

The Appeals Board granted reconsideration of a WCJ's finding of no subject matter jurisdiction, acknowledging that the applicant played 19 games in California during his baseball career. However, the Board intends to find that this minimal connection, absent a hiring in California, does not create a substantial and legitimate interest for California to adjudicate the claim under the *Johnson* due process standard. The Board will allow further briefing on the application of *Johnson* and the relevant statutory amendment regarding professional athletes.

Subject Matter JurisdictionLabor Code section 3600.5(a)Labor Code section 5305Hiring in CaliforniaCumulative InjuryConstitutional Due ProcessFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)Substantial and Legitimate ConnectionProfessional Baseball PlayerInjurious Exposure
References
Case No. ADJ8649434
Regular
Apr 15, 2015

Carlos Delgado vs. New York Mets, ACE AMERICAN INSURANCE COMPANY

This case involves a professional baseball player's cumulative injury claim against the New York Mets. The Workers' Compensation Appeals Board (WCAB) reversed a prior ruling, finding California lacks jurisdiction. The applicant, a non-resident, played only 138 games out of over 2,000 in California, with no employment contracts or residence in the state. The Board applied the *Johnson* precedent, determining California's connection to the injury was insufficient to support jurisdiction, and the applicant took nothing.

WCAB jurisdictioncumulative industrial injuryprofessional baseball playerFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)legitimate and substantial interestseasonal employeeemployment contracts outside Californiaresident of Puerto Ricomajor league games in Californiaquantitative factor
References
Case No. ADJ9223382
Regular
Jul 06, 2015

MICHAEL NEU vs. LOS ANGELES DODGERS, OAKLAND ATHLETICS, FLORIDA MARLINS, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Los Angeles Dodgers' petition for reconsideration, affirming an earlier award for the applicant. The Board found the Dodgers, as a California-based team, were not exempt from notice requirements regarding workers' compensation rights. Furthermore, the statute of limitations was tolled because the Dodgers failed to prove the applicant had actual knowledge of his rights more than one year before filing his claim. Consequently, the applicant's claim for industrial injury to his neck and right shoulder was upheld.

Workers Compensation Appeals BoardMichael NeuLos Angeles DodgersOakland AthleticsFlorida MarlinsAce American Insurance CompanyADJ9223382industrial injuryneckright shoulder
References
Case No. ADJ300431 (FRE 0203618) ADJ1896245 (FRE 0203619) ADJ3576423 (FRE 0203620)
Regular
Jan 14, 2014

Sherrill Perkins vs. Fresno Unified School District

The Workers' Compensation Appeals Board denied the applicant's petition for removal but granted her petition for reconsideration. Applicant's 40-page petition for reconsideration violated the 25-page limit and lacked good cause for exceeding it. Therefore, the Board will dismiss the petition unless a compliant one is refiled within ten days, while simultaneously addressing the attorney's separate fee reconsideration. The Board found no extraordinary circumstances to justify removal and will proceed with reconsideration after compliance with filing rules.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationJoint Findings and AwardWCJcumulative traumatemporary disabilitypermanent disabilityapportionmentpenalties
References
Case No. ADJ9 088743
Regular
Jan 26, 2016

LEO ESTRELLA vs. MILWAUKEE BREWERS, SAN FRANCISCO GIANTS, ACE USA

The Workers' Compensation Appeals Board denied Leo Estrella's petition for reconsideration, upholding the administrative law judge's finding that his cumulative injury claim against the Milwaukee Brewers and San Francisco Giants was time-barred by the one-year statute of limitations. The Board found that applicant knew or should have known of his right to file a claim more than one year prior to filing, precluding application of the five-year "new and further disability" statute. Applicant's contention that the statute of limitations was tolled due to lack of knowledge was rejected, as the evidence indicated he was aware of the industrial causation of his injuries by 2009. One commissioner dissented, arguing the date of injury should be 2013 and that defendants failed to prove applicant's knowledge of his rights or the statute of limitations.

Workers' Compensation Appeals BoardCumulative InjuryStatute of LimitationsLabor Code Section 5405Labor Code Section 5410New and Further DisabilityTollingDate of InjuryIndustrial CausationProfessional Baseball Player
References
Case No. ADJ10381299
Regular
Apr 20, 2020

GEORGE MCPHERSON vs. CINCINNATI REDS

This case concerns George McPherson's cumulative trauma injury claim against the Cincinnati Reds. The Workers' Compensation Appeals Board affirmed subject matter jurisdiction, finding two employment contracts were California-based. However, the Board rescinded a finding that the claim was time-barred and remanded the statute of limitations and tolling issues for further development. The WCJ's previous decision on the statute of limitations was based on an incorrect interpretation of California Labor Code sections 3208.1(b) and 5412.

Workers' Compensation Appeals BoardCumulative TraumaSubject Matter JurisdictionStatute of LimitationsCalifornia ContractsLabor CodeReconsiderationDate of InjuryCompensable DisabilityApplicant's Knowledge
References
Case No. ADJ9758588
Regular
Jul 15, 2018

JARED CLARK vs. COLORADO ROCKIES, ACE AMERICAN INSURANCE, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the WCJ's decision. The Board found that while the applicant sustained work-related injuries and received treatment, his claim was not barred by the statute of limitations because it was filed within five years of the last medical treatment. Crucially, the Board agreed that the applicant did not receive adequate notice of his workers' compensation rights, particularly regarding cumulative trauma injuries. Therefore, the Board adopted and incorporated the WCJ's report and recommendation to deny the petition.

WCABPetition for ReconsiderationWCJcredibility determinationStatute of Limitationsmedical treatmentnotice of rightscumulative traumaapplication for adjudication of claimprofessional baseball player
References
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