Jerome Allen vs. Milwaukee Bucks; Tig Insurance Administered By Risk Enterprise Management; Cleveland Cavaliers, Denver Nuggets; Indiana Pacers; Minnesota Timberwolves

This case involves a professional basketball player, Jerome Allen, who was employed by the Milwaukee Bucks, Cleveland Cavaliers, Denver Nuggets, Indiana Pacers, and Minnesota Timberwolves. Allen claimed that he sustained industrial injuries to his head, neck, shoulders, wrists, hands, back, hips, knees, ankles, and feet from 1995 to 1999. The Workers' Compensation Appeals Board found that Allen's claim was not barred by the statute of limitations and that the Milwaukee Bucks were the only defendant found liable during the last year of injurious exposure. The Board also found that Allen was entitled to a life pension and awarded him permanent disability indemnity, attorneys' fees, and further medical treatment. The Board then rescinded the October 19, 2011 Findings, Award and Orders

Milwaukee Bucks; TIG Insurance administered by Risk Enterprise Management; Cleveland Cavaliers, Denver Nuggets; Indiana Pacers; Minnesota Timberwolves Jerome Allen WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJEROME ALLEN, Applicant,vs.MILWAUKEE BUCKS; TIG INSURANCE administered by RISK ENTERPRISE MANAGEMENT; CLEVELAND CAVALIERS, DENVER NUGGETS; INDIANA PACERS;MINNESOTA TIMBERWOLVES, Defendants.Case No. ADJ6990080 (Santa Ana District Office)OPINION AND DECISION AFTER RECONSIDERATION            We previously granted reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration.            Defendant TIG Insurance, the insurer for the Milwaukee Bucks, petitions for reconsideration of the October 19, 2011 Findings, Award and Orders. In that decision, the workers’ compensation administrative law judge (WCJ) found that applicant sustained industrial injury to his head, neck, shoulders, wrists, hands, back, hips, knees, ankles and feet from 1995 through 1999, while employed as a professional basketball player, but did not sustain industrial injury to his fingers or psyche. Among other things, the WCJ found that applicant’s claim was not barred by the statute of limitations, that “there is California jurisdiction over the Milwaukee Bucks and Cleveland Cavaliers to whom the applicant played in 1997 and 1999,” and that “[t]he only defendant found liable during the last year of injurious exposure over which this court has jurisdiction is the Milwaukee Bucks.” The WCJ found permanent disability of 85.75% with no apportionment, entitling applicant to a life pension, and awarded permanent disability indemnity, attorneys’ fees, and further medical treatment.            Defendant contends that the WCJ’s finding of industrial injury was not supported by substantial evidence and that the WCJ erred by holding defendant liable for all of applicant’s disability even though some of applicant’s cumulative injur

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