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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
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. ADJ8260810
Regular
Jul 07, 2015

DANIEL STRYZINSKI vs. NEW YORK JETS, THE TRAVELERS INDEMNITY COMPANY, KANSAS CITY CHIEFS, TIG INSURANCE, ATLANTA FALCONS, PITTSBURGH STEELERS

The Workers' Compensation Appeals Board (WCAB) denied an applicant's petition for reconsideration, affirming the administrative law judge's (ALJ) decision that California lacks jurisdiction over his cumulative trauma claim. The ALJ found that the applicant's participation in only 21 out of 275 professional football games played in California did not establish a sufficient connection to the state for due process purposes. The majority opinion relied on the *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)* case, holding that California's interest was not substantial enough to assert jurisdiction given the applicant's lack of residency and hiring in the state. A dissenting opinion argued that California has a legitimate interest in compensating workers injured within its borders and that the applicant's connection was more than "de minimis," thus supporting WCAB jurisdiction.

StryzinskiProfessional AthleteCumulative TraumaJurisdictionDue ProcessFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)Legitimate and Substantial InterestDe MinimisExtraterritorial ProvisionsLabor Code section 3600.5
References
Case No. ADJ2238226
Regular
Mar 04, 2013

JUDINE JACOBS vs. RIVERSIDE-SAN BERNARDINO COUNTY INDIAN HEALTH, INC.

The Workers' Compensation Appeals Board affirmed the dismissal of an applicant's claim, finding it lacked jurisdiction due to Indian tribal sovereign immunity. The applicant, a nurse, claimed a psyche injury while employed by Riverside-San Bernardino County Indian Health, Inc. (RSB). RSB, despite being incorporated under California law, was deemed a governmental entity linked to tribes and serving federal policy, thus entitled to sovereign immunity. The Board found no evidence of an explicit waiver of this immunity.

Tribal sovereign immunityWorkers' Compensation Appeals BoardIndian Healthpsyche injurynursefindings and orderjurisdictionpetition for reconsiderationreport and recommendationadministrative law judge
References
Case No. ADJ9030735
Regular
Jul 08, 2014

HECTOR CASILLAS vs. XERXES CORPORATION, BROADSPIRE CLAIMS SERVICES

The Workers' Compensation Appeals Board denied Xerxes Corporation's Petition for Removal. The Board found that while the defendant raised legitimate concerns about potential fraud, these issues were not relevant to the applicant's current claim. The Board adopted the administrative law judge's report, concluding that the evidence presented did not support a fraudulent claim and the forum was not appropriate for addressing concerns about running, capping, and steering. Therefore, the petition was denied.

Petition for RemovalWorkers' Compensation Appeals Boardrunningcappingsteeringfraudulent claimadministrative law judge reportADJ9030735Xerxes CorporationBroadspire Claims Services
References
Case No. ADJ7793914
Regular
Sep 10, 2014

KEITH BOOTH vs. CHICAGO BULLS, TIG INSURANCE

The Appeals Board reversed the WCJ's finding of jurisdiction, holding that the applicant did not present substantial evidence of a cumulative industrial injury incurred in California. Despite participating in practices on three occasions, the Board found these contacts insufficient to establish California's legitimate interest in adjudicating the claim, citing the *Johnson* case's standard. The Board determined that the applicant's participation in practices in California was de minimis and did not warrant the application of California workers' compensation law. Therefore, the applicant was ordered to take nothing on his claim.

cumulative traumaworkers' compensation jurisdictionprofessional athleteCalifornia contactde minimisdue processlegitimate interestsports injuryindustrial injuryPetition for Reconsideration
References
Case No. ADJ8574285
Regular
Jan 24, 2017

CALE HULSE vs. CALGARY FLAMES, FEDERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board reversed a prior award, finding California lacked subject matter jurisdiction over the applicant's cumulative trauma claim. The Board determined that the applicant, a professional hockey player, had insufficient connection to California, playing only 25-42 games out of over 848 total games. This minimal contact, insufficient for a legitimate and substantial interest, meant requiring the defendant to litigate in California would violate due process, as established in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*. Therefore, the applicant was awarded nothing.

Workers Compensation Appeals BoardCalgary FlamesFederal Insurance CompanyCale HulseSubject Matter JurisdictionCumulative Trauma InjuryProfessional Hockey PlayerDue ProcessFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)Legitimate Interest
References
Case No. ADJ8710981
Regular
Mar 25, 2015

PETER FORSBERG vs. NASHVILLE PREDATORS, COLORADO AVALANCHE, PHILADELPHIA FLYERS, FEDERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reinstated and affirmed its jurisdiction over Peter Forsberg's cumulative injury claim. The WCAB found that California has a legitimate and substantial interest in adjudicating claims for injuries sustained within the state, and Forsberg's work in California was more than "de minimis" to his cumulative trauma injury. This decision reversed a prior ruling that had denied jurisdiction, finding that the defendant did not prove statutory exemption and that due process concerns were not violated. The case was returned for further proceedings, with a dissenting opinion arguing that Forsberg's limited California contacts were insufficient to establish jurisdiction.

Cumulative injuryProfessional hockey playerWorkers' Compensation Appeals BoardJurisdictionFederal Insurance CompanyColorado AvalancheNashville PredatorsPhiladelphia FlyersDe minimis connectionLegitimate interest
References
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
Case No. ADJ9297080
Regular
Aug 17, 2015

MARK VILLANUEVA vs. FOLSOM LAKE KIA, PUBLIC SERVICE MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued that the dual purpose rule didn't apply and questioned the applicant's credibility regarding whether he was working for the employer or on his own car. The Board found the defendant's petition was timely filed. The Board adopted the WCJ's reasoning and denied reconsideration.

Workers' Compensation Appeals BoardFolsom Lake KiaPublic Service Mutual Insurance CompanyCorvel CorporationFindings and AwardDual Purpose RuleCredible WitnessPetition for ReconsiderationTimelinessMail Service
References
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