NEW ORLEANS SAINTS LOUISIANA WORKERS’ COMPENSATION CORP Ernest Conwell WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAERNEST CONWELL, Applicant,vs.NEW ORLEANS SAINTS; LOUISIANAWORKERS’ COMPENSATION CORP., Defendants.Case No. ADJ7045808 (Anaheim District Office)OPINION AND DECISION AFTERRECONSIDERATIONWe previously granted reconsideration to further study the factual and legal issues in this case. This is our Decision After Reconsideration. Defendant petitions for reconsideration of the July 17, 2012 Findings, Award and Order. In that decision, the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a professional athlete from June 25, 1996 through March 1, 2007, sustained industrial injury to his cervical spine, shoulders, elbows, right wrist, right thumb, left ring finger, low back, hips, left knee, ankles, and right big toe, and in the form of headache, concussive syndrome and sleep disturbance, causing 80% permanent disability after apportionment. The WCJ also found, among other things, that the Workers’ Compensation Appeals Board (WCAB) has jurisdiction over applicant’s claim. Defendant contends that the WCAB should not have exercised jurisdiction over this matter because 1) applicant’s employment contract for the period March 1, 2003 through February 29, 2008 included a clause selecting Louisiana as the forum for workers’ compensation proceedings; and 2) applicant failed to demonstrate that his contract was made in California. We have considered the Petition for Reconsideration and applicant’s Answer, and we have reviewed the record in this matter. The WCJ has prepared a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny the Petition. For the reasons set forth below, we will rescind the July 17, 2013 Findings and Award and Order , and return the matter to the trial level for further development of the record and a new deci
Ernest Conwell vs. NEW ORLEANS SAINTS LOUISIANA WORKERS’ COMPENSATION CORP
In this case, Ernest Conwell, a professional athlete, was employed by the New Orleans Saints from April 17, 2003 through February 28, 2007. During this time, he sustained an industrial injury to his cervical spine, shoulders, elbows, right wrist, right thumb, left ring finger, low back, hips, left knee, ankles, and right big toe, and in the form of headache, concussive syndrome and sleep disturbance, causing 80% permanent disability after apportionment. The Workers' Compensation Appeals Board (WCAB) was asked to determine if it had jurisdiction over the case, as the employment contract included a clause selecting Louisiana as the forum for workers' compensation proceedings. The WCAB determined that the contract of hire was
- Filed On:
- Court: Anaheim, California
- Case No. ADJ7045808
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