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

Case No. ADJ2221933 (ANA 0371957)
Regular
Jul 22, 2013

, Applicant, HAROLD ELLIS, vs. , Defendants. INTERNATIONAL BASKETBALL LEAGUE; USF&G; DENVER NUGGETS; LOS ANGELES CLIPPERS; TIG INSURANCE COMPANY,

This case involves an appeal by the International Basketball League (IBL) challenging a prior award of permanent disability benefits to a professional basketball player under California workers' compensation law. The IBL argues it should be exempt under Labor Code section 3600.5(b), which applies when an employee is hired outside California and temporarily works within the state. The Appeals Board rescinded the prior award, remanding the case for a new decision. The WCJ must now determine if the IBL meets the four-part test for exemption as outlined in the *Carroll v. Cincinnati Bengals* en banc decision.

Labor Code Section 3600.5(b)ExemptionReconsiderationFindings And AwardCumulative Industrial InjuryPermanent DisabilityFuture Medical TreatmentProfessional Basketball PlayerEmployerInsurer
References
3
Case No. MISSING
Regular Panel Decision

National Basketball Ass'n v. Design Management Consultants, Inc.

The National Basketball Association (NBA) and NBA Properties, Inc. (plaintiffs) initiated a civil contempt motion against Designer Management Consultants, Inc. (DMC) and Delroy Allen (defendants). Plaintiffs alleged that defendants violated a Preliminary Injunction on Consent, issued on August 11, 2003, by continuing to sell 'Disputed Merchandise' bearing NBA trademarks and failing to provide a complete accounting of these sales. The court found clear and convincing evidence of non-compliance regarding merchandise sales and accounting documentation. Consequently, the plaintiffs' motion for civil contempt was granted, with sanctions including a $2,500 daily fine for continued non-compliance after October 15, 2003, and an entitlement to net profits from the unlawful sales, to be determined later.

Trademark InfringementCivil ContemptPreliminary InjunctionTrademark DilutionUnfair CompetitionDeceptive ActsBrand ProtectionIntellectual PropertySanctionsCompliance
References
6
Case No. ADJ8128265
Regular
Feb 05, 2015

WILLIAM GARNETT vs. DALLAS BASKETBALL LTD (DALLAS MAVERICKS), INSURANCE COMPANY OF NORTH AMERICA/ACE USA, INDIANA PACERS

The Workers' Compensation Appeals Board (WCAB) affirmed a decision denying jurisdiction over applicant William Garnett's cumulative trauma claim. Garnett, a former professional basketball player, argued he sustained injury while playing for the Dallas Mavericks and Indiana Pacers, with over 20 games played in California. However, the WCAB found Garnett's contacts with California insufficient, deeming the 22 games played as de minimis based on the *Johnson* precedent. The Board concluded that constitutional due process required a sufficient relationship between the injury and the state, which was not met here.

Workers' Compensation Appeals BoardCumulative TraumaJurisdictionDe MinimisJohnsonMcKinleyProfessional AthleteNBAIndiana PacersDallas Mavericks
References
5
Case No. MISSING
Regular Panel Decision

Claim of Hopkins v. Players' Three, Inc.

Claimant, a part-time employee of Players' Three, Inc. (Huey's Bar), was severely injured during a hold-up on the premises. He sought workers' compensation benefits, which the Workers' Compensation Board granted, finding an employer-employee relationship, that the injury arose in the course of employment, and that the employer's carrier had not effectively cancelled its policy. The employer and the Superintendent of Insurance appealed. The appellate court affirmed the Board's decision, concluding that substantial evidence supported the factual findings regarding employment and that the carrier failed to meet the strict requirements for policy cancellation under Workers' Compensation Law § 54.

Workers' CompensationEmployer-Employee RelationshipAccidental InjuryHold-up IncidentInsurance Policy CancellationStatutory ComplianceAppellate ReviewSubstantial EvidenceCredibility IssuesNew York Workers' Compensation Law
References
3
Case No. MISSING
Regular Panel Decision

National Ass'n of Basketball Referees v. Middleton

The National Association of Basketball Referees (NABR) brought a consolidated action against three of its union members, Mathis, Middleton, and Nies, to collect a special assessment. This assessment was levied following a union-wide referendum to cover a $510,000 legal settlement from previous lawsuits against the union. The defendants failed to pay, arguing the assessment vote was invalid due to a lack of a secret ballot and that internal union remedies were not exhausted. The court found no evidence to support the defendants' claims regarding ballot secrecy and determined that no applicable internal union procedures existed for this dispute. Consequently, the court granted summary judgment in favor of the NABR and denied the defendants' motion to dismiss.

Union disputeSpecial assessmentSummary judgmentInternal union remediesLabor Management Relations ActSecret ballotFederal jurisdictionContract violationUnion constitutionReferendum
References
12
Case No. VNO 479308, VNO 469079, VNO 496106, VNO 395924, VNO 395925
Regular
Sep 20, 2007

TYRONE PLAYER vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

The Workers' Compensation Appeals Board denied Tyrone Player's petition for reconsideration, affirming the previous award. The Board found that the applicant failed to establish a causal link between his employment and claimed injuries of vision and headaches, as the medical evidence presented was not substantial. Furthermore, the Board concluded that reopening the medical record was unwarranted given the applicant's prior opportunities to obtain adequate evidence.

Petition for ReconsiderationJoint Findings and Awardspecific industrial injuriescumulative trauma injurymaintenance workerLos Angeles Unified School Districtvision injuryheadachespermanent disabilityLabor Code section 4664(b)
References
3
Case No. ADJ7224961
Regular
Apr 25, 2013

ADRIENNE JOHNSON vs. CONNECTICUT SUN, FEDERAL INSURANCE COMPANY

This case concerns a professional basketball player's cumulative industrial injury claim against the Connecticut Sun and its insurer. The Appeals Board found California has jurisdiction despite prior Connecticut settlement for a knee injury. However, the Board rescinded the original award due to insufficient medical evidence regarding apportionment of permanent disability. The case is remanded for further development of the medical record on apportionment, particularly concerning prior specific injuries.

WCABreconsiderationindustrial injurycumulative traumaapportionmentLabor Code 5412Labor Code 5500.5Labor Code 3600.5(b)professional basketball playerright knee injury
References
12
Case No. ADJ7095657
Regular
Apr 25, 2013

ANTHONY MASON vs. MILWAUKEE BUCKS, CHUBB INSURANCE

This case concerns a professional basketball player's cumulative industrial injury claim. The Workers' Compensation Appeals Board affirmed the finding of cumulative injury occurring in California despite the applicant's exposure occurring over time and outside the state. The Board also clarified that the applicant's employment in California, not regular employment status or tax payments, established jurisdiction. Finally, the permanent and stationary date for the applicant's condition was amended to December 1, 2003.

Cumulative injuryPermanent and stationary dateAgreed Medical ExaminerLabor Code section 5412Liability allocationSection 5500.5Regularly employedExtraterritorial provisionsSection 3600.5Jurisdiction
References
8
Case No. ADJ8025362
Regular
Apr 20, 2015

JOHN WALLACE vs. PHOENIX SUNS, TIG INSURANCE

The Workers' Compensation Appeals Board reversed a prior ruling, finding California lacks sufficient connection to a professional basketball player's cumulative injury claim. The Board held that playing a small percentage of games in California and receiving minor medical treatment does not establish a legitimate and substantial interest for the state to exercise jurisdiction, citing the *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)* precedent. Consequently, the applicant takes nothing on his claim.

Workers' Compensation Appeals BoardPhoenix SunsTIG InsuranceJohn WallaceLabor Code Section 3600.5(b)Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)jurisdictionprofessional athletecumulative industrial injurylegitimate and substantial connection
References
4
Case No. ADJ7442309
Regular
Jun 19, 2015

SCOTTIE PIPPEN vs. PORTLAND TRAIL BLAZERS, HOUSTON ROCKETS, CHICAGO BULLS, TIG INSURANCE, CHUBB GROUP (FEDERAL INSURANCE COMPANY)

The Workers' Compensation Appeals Board denied Scottie Pippen's petition for reconsideration of a prior decision that rescinded an award for cumulative trauma injury as a professional basketball player. The Board majority found California lacked a sufficient interest to adjudicate the claim, relying on the precedent of *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*. Pippen argued this precedent was misapplied and that California had a legitimate interest in his claim. One member dissented, advocating for reinstatement of the original award.

WCABPetition for ReconsiderationCalifornia jurisdictioncumulative traumaindustrial injuryprofessional basketball playerFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)de minimisemployermedical treatment
References
1
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