Durand “rudy” Macklin, vs. Los Angeles Clippers; Atlanta Hawks; Insurance Company Of North America; New York Knicks,

This case involves a dispute between Durand "Rudy" Macklin, a professional basketball player, and the Los Angeles Clippers, Atlanta Hawks, Insurance Company of North America, and New York Knicks. Macklin claims he sustained a cumulative trauma industrial injury while employed by the four teams during the period from August 17, 1981 through October 24, 1984, causing 76% permanent disability after apportionment, and a need for medical treatment. The Workers' Compensation Appeals Board affirmed the decision of the workers' compensation administrative law judge that the WCAB had jurisdiction over the matter and that the reporting of Qualified Medical Evaluator Michael Einbund, M.D., was substantial medical evidence in support of the WCJ's decision. The Board

LOS ANGELES CLIPPERS; ATLANTA HAWKS; INSURANCE COMPANY OF NORTH AMERICA; NEW YORK KNICKS, DURAND “RUDY” MACKLIN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADURAND “RUDY” MACKLIN, Applicant,vs.LOS ANGELES CLIPPERS; ATLANTA HAWKS; INSURANCE COMPANY OF NORTH AMERICA; NEW YORK KNICKS, Defendants.Case No. ADJ7993918(Santa Ana District Office)OPINION AND DECISION AFTER RECONSIDERATION            We earlier granted the separate petitions filed by self-insured defendant New York Knicks (New York) and defendant Insurance Company Of North America (INA), the insurer of the Atlanta Hawks (Atlanta) and Los Angeles Clippers (Los Angeles), for reconsideration of the April 8, 2014 Findings, Award And Order of the workers’ compensation administrative law judge (WCJ), who found that the WCAB “can exercise jurisdiction in this matter.” The WCJ further found that applicant sustained cumulative trauma industrial injury while he was employed as a professional basketball player by Atlanta, New York, Los Angeles and an unnamed employer, the Albany Patrons, during the period from August 17, 1981 through October 24, 1984, causing 76% permanent disability after apportionment, and a need for medical treatment.            INA contends that the WC.I’s decision regarding injury and permanent disability is not supported by substantial medical evidence.            New York contends that the WCJ should have found that the WCAB does not have jurisdiction over it pursuant to the holding of the Court of Appeal in Federal Insurance Co. v. Workers’ Comp. Appeals Bd (Johnson) (2013) 221 Cal.App.4th 1116 [78 Cal.Comp.Cases 1257] (Johnson) and that the reporting of Qualified Medical Evaluator Michael Einbund, M.D., is not substantial medical evidence insupport of the WCJ’s decision. ,             Separate answers to the two petitions were received from applicant.            The WCJ provided a Report And Recommendation On April 30, 2014 Petition For Reconsideration Filed By The New York Knicks

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.