Applicant NFL player allowed to file a cumulative trauma and statute of limitations was tolled even though he had prior cases

This is a Writ Denied Case

This is a very significant case for workers’ compensation principles.

This is a very unusual case for workers’ compensation purposes. Defendants rarely win a statute of limitations defense. This was a case where the defendant did not win even though applicant was represented in the past for specific injuries.

The applicant was a professional football player for the Miami Dolphins. He filed a cumulative trauma. Defendant never gave applicant notice of this workers’ compensation rights under the Reynold’s case.

The applicant did not learn of his right to file a cumulative trauma until he attended a retired players conference in 2010. He had been represented by attorney’s in previous specific injuries more than one year before he filed the cumulative trauma. He only had basic and general knowledge of his workers’ compensation rights.

The Workers’ Compensation Board (WCAB) determined that his earlier cases did not involve Labor Code section 5405. They indicated that no evidence was presented to show he had been informed of the statute of limitations in the earlier cases. The defendant did not show in the present case that the applicant had actual knowledge of the time limit for filing his workers compensation case more than one year before the claim at issue was filed. The WCAB indicated he needed actual knowledge and therefore the statute was tolled.

Case: Miami Dolphins v. WCAB (Williams)

Harvey Brown
3501 Jamboree Rd. Suite 602
Newport Beach, CA 92660

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