Home/Case Law/MICHAEL DAVIS vs. BOSTON BREAKERS, THE NORTH RIVER INSURANCE CO., CINCINNATI BENGALS, TAMPA BAY BUCCANEERS
Regular DecisionReconsideration

MICHAEL DAVIS vs. BOSTON BREAKERS, THE NORTH RIVER INSURANCE CO., CINCINNATI BENGALS, TAMPA BAY BUCCANEERS

Filed: Mar 28, 2013
Santa Ana
ADJ6839103

CompFox AI Summary

This case involves a former professional football player claiming cumulative industrial injury in California. The trial judge dismissed the case, finding no demonstrated injury sustained within California, thus divesting the Board of subject matter jurisdiction. The Appeals Board granted reconsideration to further study the issues. The Board rescinded the dismissal, returning the matter for further development of the record, particularly concerning the medical opinions' connection to California exposure and the mechanism of injury. The Board also noted that hearsay testimony from an investigator was permissible as the Board is not bound by strict rules of evidence.

Full Decision Text1 Pages

This case involves a former professional football player claiming cumulative industrial injury in California. The trial judge dismissed the case, finding no demonstrated injury sustained within California, thus divesting the Board of subject matter jurisdiction. The Appeals Board granted reconsideration to further study the issues. The Board rescinded the dismissal, returning the matter for further development of the record, particularly concerning the medical opinions' connection to California exposure and the mechanism of injury. The Board also noted that hearsay testimony from an investigator was permissible as the Board is not bound by strict rules of evidence.

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