Different Outcomes for Two Pro-Athletes Playing 7 Percent of Career-Total Games in California: Cal. Comp. Cases November Advanced Postings (10/22/2015)

Here’s the latest batch of advanced postings for the November 2015 issue of Cal. Comp. Cases.

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

© Copyright 2015 LexisNexis. All rights reserved.

Nashville Predators, Colorado Avalanche, Philadelphia Flyers, Federal Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Peter Forsberg, Respondents, lexis.com, Lexis Advance

WCAB Jurisdiction—Professional Athletes—WCAB, in split panel decision, held that connection between applicant professional hockey player’s claimed cumulative injury and California was more than “de minimis” as contemplated in 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, and was sufficient to support WCAB jurisdiction over defendants, when WCAB found that injurious exposure applicant suffered in 70 games he played in California was significant and substantial, causing disability and need for medical treatment, and could not be considered “de minimis”…

Carlos Delgado, Petitioner v. Workers' Compensation Appeals Board, New York Mets, ACE American Insurance Company, administered by Sedgwick Claims Management Services, Inc., Respondents, lexis.com, Lexis Advance

WCAB Jurisdiction—Professional Athletes—WCAB, reversing WCJ, held that California did not have jurisdiction over applicant professional baseball player’s claim for cumulative injury while playing for New York Mets, based on holding in 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, when WCAB concluded that…

Eliborio Mayorga, Petitioner v. Workers' Compensation Appeals Board, Dexter Axle Chassis Group, AIG, adjusted by Gallagher Bassett Services, Inc., Respondents, lexis.com, Lexis Advance

Petitions for Writ of Review—Final WCAB Decisions—Court of Appeal dismissed petition for writ of review of WCAB decision because WCAB decision was not final order or decision as required by Labor Code §§ 5900, 5901, when…