St. Louis Rams; Great Divide Insurance Company, Kevin Cory Withrow, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKEVIN CORY WITHROW,Applicant,vs.ST. LOUIS RAMS; GREAT DIVIDE INSURANCE COMPANY,Defendants.Case No. ADJ6970905(Anaheim District Office)OPINION AND ORDER GRANTING DEFENDANT’S PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant Great Divide Insurance Company on behalf of itself and its insured employer St. Louis Rams (St. Louis), seeks reconsideration of the February 28, 2017 Findings And Award And Order of the workers’ compensation administrative law judge (WCJ). The WCJ found that applicant sustained cumulative industrial injury to multiple body parts while employed as a professional football player (center) by several employers, including St. Louis, during the period November 26, 2008 to February 28, 2009, causing need for future medical treatment and 75% permanent disability. The WCJ expressly found that the WCAB “has jurisdiction over the Applicant’s cumulative trauma industrial injury claim against the San Diego Chargers and the St. Louis Rams” from August 9, 2006 through February 26, 2009, when his contract with St. Louis concluded. Defendant contends in Defendant’s Petition For Reconsideration (Petition) that applicant did not prove “that the WCAB could exercise subject matter jurisdiction over Defendant for this continuous trauma claim.” (Petition, 3: 17-19.) Defendant further contends that the WCJ erred in determining that applicant was hired in California by St. Louis, that applicant’s trial testimony about the circumstances of his hiring by St. Louis was “diametrically opposed to what applicant testified to in his 2010 deposition” (Id, 2:15-17), that the WCJ should have granted defendant’s request for a continuance to allow further discovery regarding the circumstances of applicant’s hiring, and that the WCJ failed to address the issue , of credit that should be allowed St. Louis under Lab
