Three Professional Athlete Jurisdiction Decisions: Cal. Comp. Cases October Advanced Postings (10/18/2013)

Here’s the fourth batch of advanced postings for the October 2013 issue of Cal. Comp. Cases.

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

© Copyright 2013 LexisNexis. All rights reserved.

Milwaukee Bucks, Federal Insurance Company (Chubb Insurance), Petitioners v. Workers' Compensation Appeals Board, Anthony Mason, Respondents, 2013 Cal. Wrk. Comp. LEXIS 161 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 161 (Lexis Advance)

WCAB Jurisdiction—Professional Athletes—WCAB, amending WCJ’s findings, held that WCAB had jurisdiction over applicant/professional basketball player’s claim for industrial injuries to multiple body parts, and that it did not matter whether applicant was “regularly employed” in California, as described in Labor Code § 3600.5(a), because jurisdiction was based on…

New York Knickerbockers, Chubb Group for Federal Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Jerome Williams, Respondents, 2013 Cal. Wrk. Comp. LEXIS 162 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 162 (Lexis Advance)

WCAB Jurisdiction—Professional Athletes—WCAB affirmed WCJ’s finding of California jurisdiction over applicant/professional basketball player’s claim for cumulative trauma industrial injuries to his back, neck, shoulders, knees, right elbow, and right foot while playing for defendant, when, although applicant was not resident of California, he played …

Toronto Raptors, Chubb Group Insurance (Federal Insurance Company), Petitioners v. Workers' Compensation Appeals Board, Gregory Foster, Respondents, 2013 Cal. Wrk. Comp. LEXIS 163 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 163 (Lexis Advance)

WCAB Jurisdiction—Professional Athletes—WCAB, amending WCJ’s findings, held that WCAB had jurisdiction over applicant/professional basketball player’s claim against various defendants for cumulative trauma industrial injuries to multiple body parts, and that it did not matter whether applicant was “regularly employed” in California as described in Labor Code § 3600.5(a), because…

Warner Bros. Studios, Inc., PSI, Petitioner v. Workers' Compensation Appeals Board, Roy Crocker, 2013 Cal. Wrk. Comp. LEXIS 164 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 164 (Lexis Advance)

Permanent Disability—Rating—WCAB held that applicant motion picture laborer sustained cumulative trauma injury AOE/COE to his back, right shoulder, left wrist, lumbar spine, psyche, urologic dysfunction, cervical spine, bladder and bowel incontinence, impotence, sleep disorder, neurogenic bladder, and peripheral neuropathy, from repetitive work moving sets and furniture for more than 17 years, and WCAB awarded applicant 100 percent permanent disability for this injury, based on….

Permanent Disability—Apportionment—WCAB held that defendant did not show apportionment of applicant’s 100 percent permanent disability award for cumulative trauma industrial injury to previous specific industrial injuries or otherwise, under Labor Code § 4664(b), when…

Antonio Mejia, Petitioner v. Workers' Compensation Appeals Board, Gothic Grounds Management, Old Republic Construction Program Group, administered by Gallagher Bassett Services, Inc., Respondents, 2013 Cal. Wrk. Comp. LEXIS 160 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 160 (Lexis Advance)

Injury AOE/COE—Burden of Proof—WCAB held that applicant landscaper did not sustain cumulative trauma injury AOE/COE to his heart and cardiovascular system, based on substantial evidence opinions from panel qualified medical examiner, and contrary to opinions from applicant’s treating physician, which WCAB found…

___________________________