Boston Breakers; The North River Insurance Co.; Cincinnati Bengals, permissibly self-insured; Tampa Bay Buccaneers Michael Davis WORKERS’ COMPENSATIO N APPEALS BOARDSTATE OF CALIFORNIAMICHAEL DAVIS, Applicant,vs.BOSTON BREAKERS; THE NORTH RIVER INSURANCECO.; CINCINNATI BENGALS, permissibly self-insured;TAMPA BAY BUCCANEERS, Defendants.Case No. ADJ6839103 (Santa Ana District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION Defendant The North River Insurance Company, the insurer for the Boston Breakers, petitions for reconsideration of the Appeals Board’s March 28, 2013 Opinion and Decision on Reconsideration, in which we rescinded the December 5, 2012 Findings and Order and returned the matter to the workers’ compensation administrative law judge (“WCJ”) for further development of the record and a new decision. In her December 5, 2012 decision, the WCJ had 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.” Defendant contends that applicant did not meet his burden of proving that he sustained part of his cumulative injury in California, arguing that applicant, although he testified that he played two games in California and that games involve collisions, did not provide any specifics about the length of time he participated in those two games or about the particular collisions he sustained in California. Defendant further contends that there is no substantial medical evidence of injury in California because the physicians relied on applicant’s self-reporting, and applicant is not credible. We have considered the Petition for Reconsideration, and we have reviewed the record in this case. We have not received an Answer from applicant.
Michael Davis vs. Boston Breakers; The North River Insurance Co.; Cincinnati Bengals, Permissibly Self-insured; Tampa Bay Buccaneers
This case involves Michael Davis, an applicant, and the defendants Boston Breakers, The North River Insurance Co., Cincinnati Bengals, and Tampa Bay Buccaneers. The North River Insurance Company, the insurer for the Boston Breakers, petitioned for reconsideration of the Appeals Board's March 28, 2013 Opinion and Decision on Reconsideration, which rescinded the December 5, 2012 Findings and Order and returned the matter to the workers' compensation administrative law judge for further development of the record and a new decision. The Appeals Board dismissed the Petition for Reconsideration, as it did not determine any substantive rights or liabilities.
- Filed On:
- Court: California, Santa Ana
- Case No. ADJ6839103
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