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Case Law Database

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

Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
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 The Appeals Board rescinded the prior award, remanding the case for a new decision.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
Case No. ADJ2295331 (ANA 0397551)
Regular
Mar 17, 2014

WESLEY CARROLL vs. NEW ORLEANS SAINTS, LOUISIANA WORKERS' COMPENSATION CORPORATION, TRAVELERS INSURANCE

This case concerns a former professional football player seeking workers' compensation for cumulative industrial injury against the New Orleans Saints. The applicant argues California has jurisdiction because prior proceedings conclusively determined injury occurred in California and the *Johnson* precedent was misapplied. However, the Appeals Board affirmed the WCJ's finding that California lacks a substantial interest to justify jurisdiction, as the applicant's California work activities were de minimis, consisting of only five games played in the state over his career. The Board found that California's connection to the injury was insufficient to warrant applying its workers' compensation law, consistent with *Johnson*.

WCABPetition for ReconsiderationFindings And OrderTake NothingFindings Of FactSubstantial InterestJurisdictionCumulative Industrial InjuryProfessional Football PlayerWide Receiver
References
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
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
Case No. ADJ7041227
Regular
Aug 09, 2017

GERALD PADDIO vs. CLEVELAND CAVALIERS, SEATTLE SUPERSONICS, INDIANA PACERS, WASHINGTON BULLETS/WASHINGTON WIZARDS, TIG INSURANCE, NEW YORK KNICKERBOCKERS, CHICAGO ROCKERS, LAS VEGAS SLAM/ CHICAGO SKYLINERS, TRAVELERS INDEMNITY COMPANY

The Workers' Compensation Appeals Board denied Travelers Indemnity Company's petition for reconsideration, affirming its subject matter jurisdiction over applicant Gerald Paddio's cumulative injury claim. The Board found that Paddio's hiring as a professional basketball player in California, through his agent accepting an offer in San Francisco, established jurisdiction under Labor Code sections 3600.5(a) and 5305. The Board also noted that the issue of potential exemption from California law, raised by the defendant, was not ripe for appeal and must be addressed at the trial level. All other issues remain deferred for determination by a Workers' Compensation Judge.

Subject matter jurisdictionLabor Code section 3600.5Labor Code section 5305Contract of hireProfessional basketball playerCumulative industrial injuryPetition for reconsiderationDenial of petitionAdministrative law judgeWorkers' Compensation Appeals Board
References
Case No. ADJ7993918
Regular
Feb 05, 2015

DURAND RUDY MACKLIN vs. LOS ANGELES CLIPPERS, ATLANTA HAWKS, INSURANCE COMPANY OF NORTH AMERICA, NEW YORK KNICKS

This case concerns a professional basketball player's cumulative trauma injury claim. The Workers' Compensation Appeals Board (WCAB) affirmed the administrative law judge's decision to exercise jurisdiction, finding that the applicant's employment in California with the Los Angeles Clippers established sufficient connection to the state. The WCAB also held that the New York Knicks, despite not employing the applicant on the defined "date of injury," is liable under Labor Code section 5500.5 as they employed the applicant during the statutorily defined period preceding the last injurious exposure. The defendants' contentions regarding insufficient medical evidence and lack of jurisdiction were rejected.

Workers' Compensation Appeals BoardCumulative TraumaProfessional Basketball PlayerJurisdictionFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)Qualified Medical EvaluatorSubstantial Medical EvidenceLabor Code Section 5300Labor Code Section 5301Due Process
References
Case No. ADJ7286848
Regular
Aug 03, 2015

EMANUAL DAVIS vs. ATLANTA HAWKS, FEDERAL INSURANCE (CHUBB GROUP OF INSURANCE COMPANIES), TIG INSURANCE COMPANY, HOUSTON ROCKETS, SEATTLE SUPERSONICS, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns a professional basketball player's cumulative injury claim against former employers and their insurers. The Workers' Compensation Appeals Board (WCAB) affirmed an award to the applicant, finding California had jurisdiction based on the applicant's games played in the state and, potentially, a contract of hire in California. Defendants argued California lacked jurisdiction, citing *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which held that a single game did not create a substantial connection. However, the WCAB distinguished this case, finding the applicant's California exposure more than "de minimis" and noting the applicant's testimony about an injury sustained in California. One commissioner dissented, arguing the applicant's California games constituted less than 8% of his career and thus did not establish a "legitimate and substantial connection" for jurisdiction under *Johnson*.

WCABcumulative industrial injuryprofessional basketball playerextraterritorial provisionsde minimiscontract of hirejurisdiction14th Amendmentdue processliability
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. ADJ10220275
Regular
Mar 03, 2020

Troy Kropog vs. New York Giants, Tennessee Titans, Jacksonville Jaguars, Minnesota Vikings, Washington Redskins, Great Divide Insurance Company, Berkley Entertainment

The Workers' Compensation Appeals Board denied reconsideration of a decision that lacked California jurisdiction over the applicant's claim. The applicant, a professional football player, failed to establish that a contract for hire was formed in California, despite his agent residing and signing contracts there. The Board upheld the WCJ's finding that the agent lacked the authority to bind the applicant to a contract without the applicant's own execution. Consequently, the applicant did not meet his burden of proof for California jurisdiction.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationsGarza v. Workmen's Comp. Appeals Bd.California jurisdictioncontract for hireKenny ZuckermanStandard Representation Agreement (SRA)Contract Advisor authorityplayer contract execution
References
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