Injury Occurring After Termination Covered by Comp: Cal. Comp. Cases January Advanced Postings (1/10/2014)

Here’s the second batch of advanced postings for the January 2014 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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Charter Communications, Inc., New Hampshire Insurance Company, administered by Broadspire, Petitioners v. Workers' Compensation Appeals Board, Jose Medel, Respondents, 2013 Cal. Wrk. Comp. LEXIS 197 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 197 (Lexis Advance)

Injury AOE/COE—Injuries Occurring After Employee’s Termination—WCAB, affirming WCJ, held that applicant/senior technician suffered compensable injuries in automobile accident that occurred while applicant was traveling home from work after being fired from his job and turning over keys to company car that he had used to commute to and from work, when employer provided applicant with transportation to his home following his termination, and WCAB found that…

Pacific Compensation Insurance Company, insurer for LeFiell Manufacturing, Petitioner v. Workers' Compensation Appeals Board, State Compensation Insurance Fund, John Maxton, Respondents, 2013 Cal. Wrk. Comp. LEXIS 198 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 198 (Lexis Advance)

Cumulative Trauma Injuries—Date of Injury—WCAB held that applicant machine operator’s date of injury and date of last injurious exposure under Labor Code §§ 5412 and 5505.5 was 4/5/2007, which was date he first was disabled by industrial lung condition, with breathing problems and time off work, when WCAB found that…

Edward Lee Brown, Petitioner v. Workers' Compensation Appeals Board, Cincinnati Bengals, Inc., Respondents, 2013 Cal. Wrk. Comp. LEXIS 196 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 196 (Lexis Advance)

WCAB Jurisdiction—Exceptions—Professional Athletes—WCAB affirmed WCJ’s finding that applicant/professional football player was temporarily employed in California during period of alleged cumulative trauma while playing for Cincinnati Bengals, and that California WCAB lacked jurisdiction over applicant’s workers’ compensation claim pursuant to Labor Code § 3600.5(b) and Carroll v. Cincinnati Bengals (2013) 78 Cal. Comp. Cases 655 (Appeals Board en banc opinion), when WCAB found that…

Lucius Sanford, Petitioner v. Workers' Compensation Appeals Board, Baltimore Ravens, formerly known as Cleveland Browns, Buffalo Bills, Respondents, 2013 Cal. Wrk. Comp. LEXIS 199 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 199 (Lexis Advance)

WCAB Jurisdiction—Exemptions—Professional Athletes—WCAB, rescinding WCJ’s decision, held that applicant/professional football player and Cleveland Browns/Baltimore Ravens were exempt from California workers’ compensation laws under Labor Code § 3600.5(b) and decision in Carroll v. Cincinnati Bengals (2013) 78 Cal. Comp. Cases 655 (Appeals Board en banc opinion) with respect to applicant’s claim for industrial injuries during period 7/1/87 to 1/17/88 while playing for Cleveland Browns, when WCAB found that …

Glen Young, Petitioner v. Workers' Compensation Appeals Board, Baltimore Ravens, formerly known as Cleveland Browns, Respondents, 2013 Cal. Wrk. Comp. LEXIS 201 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 201 (Lexis Advance)

WCAB Jurisdiction—Exemptions—Professional Athletes—WCAB, rescinding WCJ’s decision, held that applicant/professional football player and Cleveland Browns/Baltimore Ravens were exempt from California workers’ compensation laws under Labor Code § 3600.5(b) and decision in Carroll v. Cincinnati Bengals (2013) 78 Cal. Comp. Cases 655 (Appeals Board en banc opinion) with respect to applicant’s claim for industrial injuries during period 11/14/84 to 12/24/88 while playing for Cleveland Browns, when WCAB found that…

United States Fire Insurance Company, insurer for Serologicals Corporation, Petitioner v. Workers' Compensation Appeals Board, Chartis, Dennis Bates, Respondents, 2013 Cal. Wrk. Comp. LEXIS 200 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 200 (Lexis Advance)

Petitions for Writ of Review—Final WCAB Orders—Court of Appeal dismissed petition for writ of review because it was appealing non-final order of WCAB, contrary to requirement of Labor Code § 5950 and Maranian v. W.C.A.B. (2000) 81 Cal. App. 4th 1068, 97 Cal. Rptr. 2d 418, 65 Cal. Comp. Cases 650, when defendants were appealing WCAB decision in which WCAB rescinded WCJ’s decision denying carrier’s $129,483.80 lien for reimbursement of benefits paid to applicant/antigen preparation technician injury for 7/14/2004 left knee injury, when…

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