SEATTLE SUPERSONICS; WASIIINGTON STATE DEPARTMENT OF LABOR & INDUSTRY, DAVID THOMPSON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID THOMPSON, Applicant,vs.SEATTLE SUPERSONICS; WASIIINGTON STATE DEPARTMENT OF LABOR & INDUSTRY, Defendant.Case No. ADJ3461600 (ANA 0373630)OPINION AND DECISION AFTER RECONSIDERATION We previously granted the petitions filed by applicant and both defendants for reconsideration of the April 3, 2008 Amended Findings of Fact and Award of the workers’ compensation administrative law judge (WCJ) who found that applicant incurred cumulative trauma industrial injury while playing professional basketball games in California for defendant Seattle Supersonics (Seattle), entitling him to 67% permanent disability and future medical treatment. The award issued against Seattle “as insured by the [defendant] Washington State Department of Labor and Industries” (Washington L&I). Washington L&I contends in its “Petition for Reconsideration RE: Special Appearance of Washington State Department of Labor & Industry on Exclusive Issue of ‘Personal’ Jurisdiction Through its Motion to Quash; And Request for Dismissal,” as follows: “Washington State L & I was not expressly named as a party defendant in any application filed in this matter; has never received a specific order joining it as a party defendant; has never been properly served with the 4/3/08 Amended Findings of Fact & Award by the WCAB; and disputes that it is ‘doing business’ and/or enjoys ‘minimal contacts’ with the State of California, such that it is subject to the ‘personal’ jurisdiction of the California WCAB. Based on it’s lack of ‘minimum contacts’ with the State of California and pursuant to defective service of the 4/3/08 Amended Findings of Fact & Award upon Washington State L & I, by e-mail attachment, outside the State of California, Petitioner , requests a finding that it is
David Thompson, vs. Seattle Supersonics; Wasiiington State Department Of Labor & Industry,
(ANA 0373630) is a case involving the Seattle Supersonics, the Washington State Department of Labor & Industry, and David Thompson. Thompson, a professional basketball player, alleged that he incurred cumulative trauma industrial injury while playing professional basketball games in California for the Seattle Supersonics. The Washington State Department of Labor & Industry contested the jurisdiction of the California Workers' Compensation Appeals Board, claiming that it was never properly served with the Amended Findings of Fact and Award. The Appeals Board rescinded the April 3, 2008 Amended Findings of Fact and Award and returned the case to the trial level for further proceedings and a new decision by the WCJ that addresses, inter alia, whether or not defendant Seattle was lawfully insured or
- Filed On:
- Court: California, Santa Ana
- Case No. ADJ3461600
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