Dallas Cowboys; Travelers Indemnity Company And Its Casualty Affiliates And Subsidiaries; San Francisco 49ers; National Union Fire Insurance Company, administered by Chartis Claims, Inc. Kelvin Edwards WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKELVIN EDWARDS, Applicant,vs.DALLAS COWBOYS; TRAVELERS INDEMNITY COMPANY AND ITSCASUALTY AFFILIATES AND SUBSIDIARIES; SAN FRANCISCO 49ers; NATIONAL UNION FIRE INSURANCE COMPANY, administered by CHARTIS CLAIMS, INC., Defendants.Case No. ADJ6550186 (Santa Ana District Office)OPINION AND DECISION AFTER RECONSIDERATION On April 23, 2012, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration of the January 26, 2012 Findings, Award and Order to further study the factual and legal issues. This is our Decision After Reconsideration. In the January 26, 2012 Findings, Award and Order, the workers’ compensation administrative law judge (WCJ) found that applicant sustained 60% permanent disability as a result of a cumulative trauma injury through January 1, 1992 to multiple body parts. The WCJ found that the 49ers were liable for the last year of injurious exposure and awarded a penalty pursuant to Labor Code section 5814 based on defendant’s unreasonable delay in advancing permanent disability benefits. Defendant, the San Francisco 49ers, insured by National Union Fire Insurance Company, contends that the WCJ erred in finding that the 49ers were liable for applicant’s last year of injurious exposure pursuant to Labor Code section 5500.5, arguing that there were multiple cumulative trauma injuries with different dates of injury per Aetna Casualty & Surety Co. v. Workmen’s Comp. Appeals Bd. (Coltharp) (1973) 35 Cal.App.3d 329 [38 Cal.Comp.Cases 720] and that applicant’s permanent disability should be apportioned to another period of injurious exposure with a different team. Defendant also contends that applicant failed to meet his burden of proof that he sustained an
Kelvin Edwards vs. Major Insurers: Workers' Comp Case Insights
In this case, the Workers' Compensation Appeals Board granted reconsideration of the January 26, 2012 Findings, Award and Order to further study the factual and legal issues. The WCJ found that the San Francisco 49ers were liable for the last year of injurious exposure and awarded a penalty pursuant to Labor Code section 5814 based on defendant's unreasonable delay in advancing permanent disability benefits. The Appeals Board amended the Findings and Award to remove the penalty and affirmed the remainder of the WCJ's decision, finding that all the reporting physicians found a single cumulative trauma injury and that the defendant's delay was not unreasonable.
- Filed On:
- Court: California, Santa Ana
- Case No. ADJ6550186
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.