Houston Comets; Federal Insurance Company, a division of Chubb Group Of Insurance Companies Jessie Kenlaw WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESSIE KENLAW, Applicant,vs.HOUSTON COMETS; FEDERAL INSURANCE COMPANY, a division of CHUBB GROUP OF INSURANCE COMPANIES, Defendants.Case No. ADJ7014186 (Santa Ana District Office)OPINION AND DECISION AFTER RECONSIDERATION On February 6, 2013, we granted reconsideration in this matter to provide an opportunity to further study the legal and factual issues raised by the petition for reconsideration. Having completed our review, we now issue our Decision After Reconsideration. Defendant, Houston Comets, by and through its insurer, Federal Insurance Company, filed a petition for reconsideration from the Findings and Award, issued November 26, 2012, in which a workers’ compensation administrative law judge (WCJ) found applicant, Jessie Kenlaw, sustained 70% permanent disability as a result of an industrial cumulative trauma injury to multiple parts of her body over the period January 1, 1978 through July 1, 2008, while employed as a coach by the Houston Comets. The WCJ found the Workers’ Compensation Appeals Board could exercise jurisdiction based on sufficient contacts within California and evidence that a portion of applicant’s cumulative trauma occurred in California. Defendant contends the Workers’ Compensation Appeals Board may not exercise jurisdiction over applicant’s claim of cumulative trauma injury, arguing that applicant did not sustain an injury or disability in California and that “mere injurious exposure” in California is not a sufficient basis for invoking California jurisdiction. Defendant further bases its argument as to lack of jurisdiction on the grounds that applicant is not a resident of California, is employed by a Texas employer under a contract entered into outside of California, and her injury did not occur in California. Applicant has not filed an , a
Jessie Kenlaw vs. Houston Comets; Federal Insurance Company, A Division Of Chubb Group Of Insurance Companies
The case of Jessie Kenlaw vs. Houston Comets and Federal Insurance Company, a division of Chubb Group of Insurance Companies, involved a claim of a cumulative trauma injury sustained by the applicant while employed as a coach by the Houston Comets. The Workers' Compensation Appeals Board found that the applicant had established through substantial medical evidence that her work activities in California were a contributing cause of her injury, and thus the Board had jurisdiction over her claim. The Board affirmed the WCJ's Findings and Award.
- Filed On:
- Court: California, Santa Ana
- Case No. ADJ7014186
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