A non published Court of Appeal case has indicated a professional athlete is not entitled to benefits in California
- Posted By: Harvey Brown
- January 1, 2014
The applicant was a professional basketball player in the Women’s National Basketball Association (WNBA). The applicant did not reside in California during her career in professional basketball.
She played one game in California on July 20, 2003.
She did not have a specific injury on that date. She filed a cumulative trauma for her multiple basketball injuries with the Workers’ Compensation Appeals Board (WCAB).
A Workers’ Compensation Judge (WCJ) awarded disability benefits and the defendant filed a petition for reconsideration. The WCAB rescinded the award and returned it to the WCJ for apportionment purposes. The defendant filed a writ with the Court of Appeals.
The Court of Appeal issued this decision even though there was no final decision or order from the WCAB.
The appellate court indicated California does not have sufficient interest to apply its workers’ compensation law or to retain jurisdiction over the case. As a matter of due process, California has no obligation to the applicant.
Case: Federal Insurance v. WCAB (Johnson)
- Posted In: Disability, Medical Treatment