Football player is denied workers’ compensation in California due to lack of jurisdiction by the state

This is a published appellate court decision

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

The applicant was a professional football player. He played 6 years in the National Football League. He played in 110 games in his career, but only two of those games were in California.

The applicant was living in Los Angeles and his agent was located in Newport Beach when they allege they signed his contract with the Indianapolis Colts. They allege this gave the state of California jurisdiction over his claim.

The Workers’ Compensation Judge (WCJ) found at trial that the applicant sustained a 67 percent permanent disability and California had jurisdiction. The defendant filed a petition for reconsideration.

The Workers’ Compensation Appeals Board (WCAB) reversed the WCJ finding that neither the applicant nor his agent were in California when the contract was accepted and signed. Therefore, California did not have jurisdiction and they reversed the award.

The appellate court reviewed numerous cases and statues. They agreed with the WCAB that there was no binding agreement in California so California had no jurisdiction. The appellate court also ruled playing two games in California was not sufficient to make an award.


Court of Appeal indicates that 5500.5 may not apply with a prior injurious exposure

This is a published appellate decision

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

The applicant was a firefighter for the City of South San Francisco from 1973 to 2001. Thereafter, he worked for the City of Pacifica from 2001 on. He was exposed to known carcinogens during each employment. The cancer manifested itself in 2005 causing disability in 2007.

The applicant filed a cumulative trauma against Pacifica the last employer. Pacifica denied liability and joined the City of South San Francisco for the prior employment. The City of South San Francisco settled with the applicant for the entire period of both employments and sought contribution from Pacifica.

The case went to an arbitrator for contribution. The arbitrator ruled that section 3212.1 and 5500.5 governed. The arbitrator indicated you also look at section 5412 for date of injury.

In this case the arbitrator found there was a latency period that made harmful exposure in 1996 or 1997. This was during the first employers coverage. Based on this the arbitrator found liability on the first employer and not during the last year of employment under 5500.5.

The city of South San Francisco petitioned for reconsideration. The Workers’ Compensation Appeals Board (WCAB) agreed with the arbitrator. It was then appealed to the appellate level.

The appellate court reviewed 3212.1 and 5500.5 and they indicated the arbitrator ruling was correct based on the latency period.


Court of Appeal indicates that temporary disability may not be paid more than five years after date of injury

This is a published appellate decision

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

The applicant suffered an injury to his right shoulder on July 31, 2010. He received a 12 percent permanent disability in 2011. He filed a petition to reopen in 2015.

On September 15, 2015 he applied for section 4850 benefits and temporary disability. This was more than 5 years from the date of injury. The employer contended he was not entitled to benefits under labor code section 4656, subdivision (c)(2).

The matter went to trial and a workers’ compensation judge (WCJ) ruled the applicant was entitled to befits beyond five years. The employer filed a petition for reconsideration and the Workers’ Compensation Appeals Board (WCAB) in a split decision ruled the applicant was entitled to benefits beyond five years.

The appellate court reviewed section 4656. They also reviewed Radesky v. City of Los Angeles. They then reviewed Sarabi v. WCAB. Finally, they reviewed Nickelsberg v WCAB. They also reviewed the liberal construction doctrine of Labor Code section 3202.

The court of appeal indicated that section 4656, subdivision (c) (2) clearly and unambiguously provides that temporary disability shall not exceed 104 weeks form the date of injury. The relevant statutory language provides all temporary disability payments must be made within 5 years from the date of injury.


Court of Appeal review sudden and extraordinary employment condition for psychiatric case

This is a published appellate decision

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

The applicant had a work related back injury that resulted in two surgeries. He also claimed a psychiatric injury. The applicant worked at the employer less than 6 months.

The injury occurred when a compactor he was using struck a rock. It caused the applicant who was on a slope to fall backwards. The compactor fell on top of him.

The applicant contended the psychiatric injury was a sudden and extraordinary event because he had not worked there for 6 months. At trial, The Workers’ Compensation Judge (WCJ) found the psychiatric claim compensable because this type of injury could not have been anticipated and was not foreseeable.

On petition for reconsideration the Workers’ Compensation Appeals Board (WCAB) affirmed the WCJ decision based on credibility.

The appellate court reviewed section 3208.3 (d). They then reviewed cases on sudden and extraordinary events. They reviewed Matea v.WCAB, SCIF v WCAB (Garcia) and Travelers v WCAB (Dreher).

Here they indicated the applicant did not meet the burden of proof that a sudden and extraordinary employment condition caused his injury. The applicant did not introduce any evidence of this. The applicant failed to introduce evidence that this was an uncommon, unusual or unexpected event. HB


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