Boston Breakers; The North River Insurance Co.; Cincinnati Bengals, Buccaneers Michael Davis WORKERS’ COMPENSATIO N APPEALS BOARDSTATE OF CALIFORNIAMICHAEL DAVIS, Applicant,vs. BOSTON BREAKERS; THE NORTH RIVERINSURANCE CO.; CINCINNATI BENGALS, permissibly self-insured; TAMPA BAY BUCCANEERS, Defendants.Case No. ADJ6839103 (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. Applicant petitions for reconsideration of the December 5, 2012 Findings and Order. In that decision, the workers’ compensation administrative law judge (“WCJ”) found that “applicant has not demonstrated by the preponderance of the evidence that he sustained any portion of his cumulative trauma injury while working for the defendant employers within the state of California,” therefore “the California Worker’s Compensation Appeals Board does not have subject matter jurisdiction in this matter.” The WCJ ordered that applicant take nothing and dismissed his case. Applicant had claimed that he sustained a cumulative industrial injury to his head, face, neck, shoulders, hands, fingers, back, knees, ankles, feet, toes, neurological system, internal system, and in the form of a sleep disorder, while employed as a professional football player from 1976 through 1984. Applicant contends that the WCJ erred in finding that applicant did not sustain cumulative injury in California, arguing that he presented evidence that he played professional football games in California, suffered a rib dislocation in California, and sustained trauma caused by the cumulative effect of professional football. Applicant also contends that the WCJ should not have dismissed his case against the Tampa Bay Buccaneers, a defendant which neither denied applicant’s claim nor appeared in this matter, and that the WCJ improperly allow
Michael Davis vs. Boston Breakers; The North River Insurance Co.; Cincinnati Bengals, Buccaneers
- Filed On:
- Court: California, Santa Ana
- Case No. ADJ6839103
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