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Case Law Database

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

Case No. ADJ9086089
Regular
Jul 14, 2015

**ADAM TIMMERMAN,** vs. **ST. LOUIS RAMS, LLC; GREAT DIVIDE INSURANCE COMPANY; TRAVELERS INDEMNITY COMPANY,**

The Workers' Compensation Appeals Board (WCAB) denied Adam Timmerman's claim for workers' compensation benefits against the St. Louis Rams and their insurers. The WCAB found that Timmerman's participation in 14 games in California, out of 189 total games in his career, did not establish a sufficient connection to California to justify the application of California workers' compensation law. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection between the injury and the state for jurisdiction. The majority affirmed the WCJ's findings, concluding that California lacked a substantial interest in adjudicating this claim.

Workers' Compensation Appeals BoardSt. Louis RamsTravelers Indemnity CompanyWCAB jurisdictionProfessional athlete injuryCumulative industrial injuryCalifornia workers' compensation lawFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)Legitimate and substantial connectionDe minimis
References
10
Case No. MISSING
Regular Panel Decision

Claim of Williams v. 21st Century Restaurant Co.

The claimant sustained multiple compensable head, neck, back, and shoulder injuries on June 13, 1974, September 20, 1974, and October 23, 1974, resulting in total disability. The central issue on appeal was whether there was substantial evidence to support the Workers' Compensation Board's finding of a causal connection between all these accidents, specifically the June 13, 1974 accident, and the claimant's disability. Medical evidence included reports from an attending physician and Dr. Blackwell, and testimony from board physician Dr. Harrow, who stated the injuries were 'one superimposed upon the other' with 'a cumulative end result'. The court affirmed the board's decision, concluding that the appeal lacked merit and substantial evidence supported a common causal connection to the claimant's disability.

Workers' CompensationTotal DisabilityCausal ConnectionPost-concussion SyndromeMedical EvidenceSubstantial EvidenceAppellate ReviewMultiple InjuriesCumulative Injury
References
0
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
22
Case No. MISSING
Regular Panel Decision

Klussman v. A.T. Reynolds & Sons, Inc.

Plaintiff Michael Klussman, a tractor-trailer driver, was injured while off-loading water bottles, leading to a lawsuit against the water distributor, Leisure Time, and the building occupant, Cure Connections. The Supreme Court initially denied Leisure Time's motion for summary judgment but granted Cure Connections'. On appeal, the decision was modified, with Leisure Time's motion for summary judgment being granted and the complaint against them dismissed. The appellate court determined that Klussman's chosen method of unloading, moving a heavy load at a faster speed down an incline, was the proximate cause of his injury, rather than any defective equipment provided by Leisure Time.

summary judgmentnegligencespecial employeeproximate causeworkers' compensation lawpallet jackloading dock accidentpersonal injuryappellate reviewduty of care
References
0
Case No. ADJ7932966
Regular
Oct 26, 2018

JUAN CARLOS ROMERO vs. EVOLUTION FRESH, TECHNOLOGY INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of an award of permanent total disability. The Board found that the applicant's vocational expert's report lacked substantial evidence, as it improperly increased work restrictions and relied on external sources without connecting them to the medical record. Consequently, the Board rescinded the original award and returned the case to the judge for a new decision. This new decision must be based on the medical opinions of Drs. Berman, Justice, and Vally-Mahomed, which constitute substantial evidence.

Workers' Compensation Appeals BoardPermanent Total DisabilityVocational ExpertSubstantial EvidencePermanent Disability Rating ScheduleAgreed Medical ExaminerQualified Medical ExaminerWhole Person ImpairmentMajor Depressive DisorderGlobal Assessment of Functioning Scale
References
2
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
1
Case No. ADJ6857928
Regular
Apr 05, 2015

CALVIN COLLINS vs. ATLANTA FALCONS, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) affirmed the Administrative Law Judge's (ALJ) decisions to deny enforcement of a compromise and release agreement and to decline jurisdiction over the applicant's claim. The WCAB found that the applicant's minimal contacts with California, consisting of playing only six games over his seven-year career, were insufficient to establish a legitimate and substantial connection to the alleged cumulative trauma injury. Therefore, asserting California jurisdiction would violate the employer's due process rights. The WCAB referenced the *Johnson* case, holding that such limited exposure does not create a substantial California interest.

Workers' Compensation Appeals BoardCompromise and ReleaseSubject Matter JurisdictionCumulative Trauma InjuryProfessional AthleteDe Minimis ConnectionDue ProcessLegitimate and Substantial ConnectionLabor Code 3600.5Extraterritorial Provisions
References
10
Case No. MISSING
Regular Panel Decision

Claim of Meltzer v. McAnns Bar & Grill

This case concerns an appeal from a Workers' Compensation Board decision awarding death benefits to the claimant, the widow of a deceased bartender. The employer and its insurance carrier challenged the award, arguing that the decedent did not sustain an industrial accident, there was no causal connection between his work and death, and the claimant was not his legal widow due to an invalid marriage. The Board found the marriage valid, citing a strong presumption of validity from a ceremonial marriage, which the appellants failed to overcome. The Board's resolution of conflicting medical evidence regarding causal connection and the occurrence of an industrial accident was deemed to be a question of fact supported by substantial evidence. The Appellate Division affirmed the Board's decision.

Workers' Compensation LawDeath Benefits ClaimAppellate Division ReviewMarriage Validity ChallengeIndustrial Accident DeterminationCausation in Workers' CompSubstantial Evidence RuleFactual Dispute ResolutionPresumption of Marital ValidityForeign Divorce Recognition
References
3
Case No. ADJ7469776
Regular
Jun 01, 2015

PAUL PALMER vs. KANSAS CITY CHIEFS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns whether California workers' compensation jurisdiction applies to an out-of-state professional football player's cumulative injury claim. The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration, affirming the WCJ's finding that the applicant's minimal contact with California (5 out of 62 games) did not establish a sufficient connection for due process under *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*. The majority found that California lacked a legitimate and substantial interest in adjudicating the claim, deeming the applicant's contact "de minimis." Commissioner Sweeney dissented, arguing that California has a substantial interest in injured workers and that the applicant's contact was more than de minimis, thus supporting WCAB jurisdiction.

WCABPaul PalmerKansas City ChiefsTravelers Property Casualty Company of AmericaADJ7469776Petition for ReconsiderationFindings of FactAdministrative Law JudgeWCJFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)
References
2
Case No. 2024 NY Slip Op 05516 [232 AD3d 952]
Regular Panel Decision
Nov 07, 2024

Matter of Rizzo v. Springut Group Inc.

Janaraha Rizzo filed a claim for workers' compensation death benefits for her husband, a bartender who died in his sleep hours after a work shift. The Workers' Compensation Law Judge initially found a causal connection between his employment and death, but the Workers' Compensation Board reversed this decision, disallowing the claim. The Board based its reversal on testimony from coworkers indicating light-duty work and rejected the claimant's medical consultant's opinion as speculative, noting the decedent's pre-existing health conditions. The Appellate Division, Third Department, affirmed the Board's decision, concluding that the Board properly exercised its discretion in rejecting the unconvincing medical evidence and that substantial evidence supported the finding that no causal connection existed between the decedent's employment and his death.

Workers' CompensationDeath BenefitsCausal ConnectionEmployment InjuryMedical EvidenceBoard ReversalAppellate ReviewBartenderCardiovascular DiseaseObesity
References
5
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