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Case Law Database

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

Case No. MISSING
Regular Panel Decision

World Football League v. Dallas Cowboys Football Club, Inc.

The Dallas Cowboys Football Club, Inc. (Club) sought a temporary injunction against the World Football League (WFL) to prevent WFL from directly or indirectly contracting with Dallas Cowboys players under existing contracts, or inducing them into promotional activities for WFL. The Club alleged tortious interference with contractual relationships. Justice Bateman, presiding over the interlocutory appeal, found no evidence of tortious conduct or threats thereof by WFL. The court emphasized the players' freedom to contract for future services and ruled that such agreements, and their associated publicity, do not constitute tortious interference with existing contracts. Consequently, the trial court was deemed to have abused its discretion in granting the temporary injunction, which was subsequently dissolved.

Tortious InterferenceContract LawProfessional SportsFootball LeagueTemporary InjunctionBreach of ContractFreedom of ContractSports ContractsAppellate ReviewAbuse of Discretion
References
5
Case No. MISSING
Regular Panel Decision

Ankrom v. Dallas Cowboys Football Club, Ltd.

This case concerns a dispute between former professional football player Scott Randall Ankrom and his ex-employer, the Dallas Cowboys Football Club, Ltd., regarding worker's compensation benefits. Ankrom, injured in 1989, filed a claim in 1991, leading to a 1992 award by the Texas Worker’s Compensation Commission. The Club, through its insurer, appealed this award, seeking reimbursement for advance payments made to Ankrom based on a contractual right. The trial court sided with the Club, but Ankrom appealed, arguing the trial court lacked jurisdiction because the Club failed to exhaust administrative remedies by not notifying the Commission of its reimbursement claim. The appellate court agreed, holding that compliance with the statutory procedure for employer reimbursement (Article 8309, section 4(b)) was mandatory and a prerequisite for district court jurisdiction. Consequently, the appellate court vacated the trial court's judgment and dismissed the Club's claims.

Worker's Compensation LawAdministrative ExhaustionJurisdiction DisputeEmployer ReimbursementStatutory InterpretationTexas Civil StatutesAdvance PaymentsContractual ObligationAppellate ReviewProfessional Athlete Injury
References
19
Case No. ADJ10232171
Regular
Apr 10, 2017

HERMAN O'BERRY vs. WORLD LEAGUE OF AMERICAN FOOTBALL aka NATIONAL FOOTBALL LEAGUE EUROPE (NFL EUROPE), ST. LOUIS RAMS, FAIRMONT PREMIER INSURANCE COMPANY (TIG)

This case concerns a workers' compensation claim for cumulative injury filed by a former professional football player against his former employers and their insurer. The primary issue was the statute of limitations, specifically the date of injury under Labor Code Section 5412, which is when the employee first suffered disability and knew or should have known it was work-related. The Board granted reconsideration to clarify this date, finding that the applicant's filing of his claim application on December 17, 2015, was the earliest documented evidence of his knowledge of the connection between his employment and his cumulative injury, establishing this as the date of injury. The employer's exemption from providing notice under Section 3600.5(e) did not alter this determination regarding the applicant's actual knowledge.

Workers' Compensation Appeals BoardNFL EuropeSt. Louis RamsLabor Code section 5405Labor Code section 5412cumulative injurydate of injurystatute of limitationspetition for reconsiderationApplication for Adjudication of Claim
References
16
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. 13-01-00119-CV
Regular Panel Decision
Jun 06, 2002

McAllen Police Officer's Union and the City of McAllen, Texas v. Ricardo Tamez, Individually and as President of the McAllen Professional Law Enforcement Association, and McAllen Professional Law Enforcement Association

The City of McAllen and the McAllen Police Officers Union (appellants) appealed a district court order compelling an election to determine the exclusive bargaining agent for the city's police officers. The Thirteenth District Court of Appeals in Texas reversed the trial court's decision. The appellate court held that selection by petition is a proper method for designating a bargaining agent and found no evidence of coercion in the petition's circulation. It further concluded that the appellees, Ricardo Tamez and the McAllen Professional Law Enforcement Association, failed to provide 'substantial support' to warrant an election, thus denying their requests for a declaratory judgment and a writ of mandamus.

Collective BargainingPolice UnionLabor LawElectionPetitionSupervisor InfluenceMajority RepresentationTexas Local Government CodeNational Labor Relations ActAppellate Review
References
26
Case No. ADJ9078228
Regular
Jun 17, 2016

MICHAEL PROCTOR vs. WORLD LEAGUE OF AMERICAN FOOTBALL, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns a professional football player's claim for workers' compensation benefits in California. The applicant, Michael Proctor, argued that California had sufficient interest in his injury to apply its workers' compensation laws, citing the *Johnson* case. However, the Workers' Compensation Appeals Board (WCAB) denied his petition for reconsideration. The WCAB found that playing only two games in California during his career did not establish a sufficient connection to the state for jurisdiction, as per the due process requirements outlined in *Johnson*. Therefore, the WCAB affirmed the administrative law judge's decision that it lacked jurisdiction over the defendant.

Workers' Compensation Appeals BoardIndustrial InjuryProfessional Football PlayerSubject Matter JurisdictionConstitutional Due ProcessLabor Code Section 3600.5Minimum ThresholdLegitimate and Substantial ConnectionDue Process ClauseAdjudication of Claim
References
3
Case No. ADJ694922 (ANA 0407404)
Regular
Mar 17, 2017

JAMES A. FINN, JR. vs. NEW YORK FOOTBALL GIANTS, INC., GREAT DIVIDE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's finding that the applicant sustained a cumulative industrial injury while employed as a professional football player. Crucially, the Board affirmed jurisdiction based on the applicant credibly testifying he accepted the employment contract via telephone from his California residence in 2005. The defendant's arguments regarding permanent disability, apportionment, and medical evidence were deemed premature as the permanent disability percentage has not yet been determined.

Workers' Compensation Appeals BoardCumulative InjuryProfessional Football PlayerContract of HireCalifornia JurisdictionLabor Code Sections 3600.5 and 5305Petition for ReconsiderationSubstantial EvidenceDue ProcessSubject Matter Jurisdiction
References
29
Case No. ADJ7019654
Regular
Feb 06, 2013

KEENAN MCCARDELL vs. CHARGERS FOOTBALL CO., LLC dba SAN DIEGO CHARGERS, GREAT DIVIDE INSURANCE CO., administered by BERKLEY SPECIALTY UNDERWRITING MANAGERS, LLC, JACKSONVILLE JAGUARS, TAMPA BAY BUCCANEERS, ACE/PACIFIC EMPLOYERS INSURANCE administered by NOVA PRO RISK SOLUTIONS, CLEVELAND BROWNS, WASHINGTON REDSKINS, ACE, administered by ESIS, HOUSTON TEXANS, RELIANCE AND LEGION INSURANCE, in liquidation by CIGA, TRAVELERS

This case concerns Keenan McCardell's workers' compensation claim for injuries sustained as a professional football player from January 2007 to January 2008. The primary issue on reconsideration was whether the claim was barred by the statute of limitations. The Board affirmed the original award, finding that McCardell did not sustain a disabling injury until he sought line-of-duty benefits in July 2009, which was less than a year before filing his workers' compensation claim. Therefore, the claim was deemed timely filed.

Workers' Compensation Appeals BoardKeenan McCardellChargers Football Co.LLCGreat Divide Insurance Co.occupational injuryprofessional athletecumulative injurystatute of limitationsLabor Code section 5405
References
0
Case No. 2019-02-0551
Regular Panel Decision
Apr 12, 2021

Maples, David ( McClain, Codi) v. Professional Personnel Services

This case involves Codi McClain, son of deceased employee David Maples, seeking death benefits from Professional Personnel Services and American Zurich. Mr. Maples died on December 16, 2017, after a work-related fall. Although funeral expenses were voluntarily paid by Professional Personnel, the claim for death benefits was later denied by American Zurich. McClain filed a Petition for Benefit Determination on November 18, 2019, almost two years after Mr. Maples's death. Professional Personnel Services filed a Motion for Summary Judgment, arguing that McClain failed to file within the one-year statute of limitations. The Court determined that McClain's reason for the late filing (difficulty hiring an attorney) was insufficient to toll the statute. Consequently, the Court granted the motion for summary judgment, dismissing McClain's claim with prejudice.

Summary JudgmentStatute of LimitationsDeath BenefitsTimeliness of FilingWorkers' Compensation ClaimMotion to DismissLegal ProcedureAppellate RightsCourt of Workers’ Compensation ClaimsPrejudice Dismissal
References
1
Case No. MISSING
Regular Panel Decision

In re the Professional Career Center, Inc.

The Professional Career Center, Inc., offering real estate education, appealed a decision by the Unemployment Insurance Appeal Board, which affirmed the Commissioner of Labor's assessment for additional unemployment insurance contributions. The assessment stemmed from a determination that the Center's teachers were employees, not independent contractors. Despite a consulting agreement, the court found substantial evidence of an employer-employee relationship. This was based on the Center's control over hiring, payment, quality, student recruitment, tuition, scheduling, and curriculum adherence. The court concluded that these factors supported the finding, affirming the decision against Professional Career Center, Inc.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorProfessional EducationReal Estate LicensingLabor LawSubstantial EvidenceAppellate ReviewContributionsAudit
References
3
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