Workers' Compensation

Two Decisions Show Complexity of Establishing WCAB Jurisdiction in Pro Athlete Cases: Cal. Comp. Cases January Advanced Postings (1/6/2016)

Here’s another batch of advanced postings for the January 2016 issue of Cal. Comp. Cases.

Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

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Scottie Pippen, Petitioner v. Workers' Compensation Appeals Board, Portland Trail Blazers, Houston Rockets, Chicago Bulls, TIG Insurance, Chubb Group (Federal Insurance Company), Respondents, lexis.com, Lexis Advance

WCAB Jurisdiction—Professional Athletes—WCAB, reversing WCJ in split panel decision, held that California did not have jurisdiction over applicant’s claim for cumulative trauma while playing professional basketball for various teams, when WCAB panel majority concluded that California did not have legitimate and substantial interest in applicant’s injury to support jurisdiction over applicant’s injury claim under Federal Insurance Co. v. Workers’ Comp. Appeals Bd. (Johnson) (2013) 221 Cal. App. 4th 1116, 165 Cal. Rptr. 3d 288, 78 Cal. Comp. Cases 1257, because…

United States Fidelity and Guaranty Company, aka Travelers Insurance Company, insurer for New Orleans Louisiana Saints, LLC, Petitioner v. Workers' Compensation Appeals Board, KS Adams, dba Houston Oilers, New Orleans Louisiana Saints, LLC, TIG, administered by Zenith Insurance Company, Ken Stabler, Respondents, lexis.com, Lexis Advance

WCAB Jurisdiction—Professional Athletes—Personal Jurisdiction—WCAB, affirming WCJ, held that WCAB had personal jurisdiction over applicant/professional football player’s employer New Orleans Saints, when evidence demonstrated that...

WCAB Jurisdiction—Professional Athletes—Subject Matter Jurisdiction—WCAB, affirming WCJ, held that California WCAB had jurisdiction under Labor Code §§ 5300 and 5301 over applicant/professional football player’s claim for cumulative trauma from 1/1/70 through 9/17/84, when evidence established that…

Statute of Limitations—Cumulative Injuries—WCAB, affirming WCJ, held that applicant/professional football player’s claim for cumulative injury from 1/1/70 through 9/17/84 was not barred by Labor Code § 5405(a) statute of limitations, since applicant’s claim was filed within...

Cumulative Injury—Labor Code § 5500.5 Liability—WCAB held that WCJ did not err in imposing liability for applicant/professional football player’s cumulative injury under Labor Code § 5500.5(a) on Travelers Insurance, which was...

Oxnard School District, PSI, administered by York Risk Services Group, Petitioner v. Workers' Compensation Appeals Board, Ruth Garcia, Respondents, lexis.com, Lexis Advance

Stipulations—WCAB, affirming WCJ’s stipulated award, held that defendant was bound by stipulation that applicant was entitled to permanent disability in total sum of $36,570 based on presumption that applicant was entitled to maximum permanent disability rate of $230 per week, notwithstanding that parties had actually stipulated to permanent disability rate of $188.40 per week with 15 percent decrease pursuant to Labor Code § 4658(d), when WCAB found that…

City of Half Moon Bay, PSI, administered by The Cities Group, Petitioner v. Workers' Compensation Appeals Board, Dennis Loubal, Respondents, lexis.com, Lexis Advance

Presumption of Industrial Causation—Cancer—Peace Officers—WCAB affirmed WCJ’s finding that applicant police officer suffered injury AOE/COE in form of lymphoma based on cancer presumption in Labor Code § 3212.1, when WCAB concluded, pursuant to applicant’s testimony and reporting of panel qualified medical evaluator, that…