Michael Scott vs. Los Angeles Avengers; San Jose Sabercats; State Compensation Insurance Fund; Zurich North America

In this case, Michael Scott, a professional football player, claimed that he sustained an industrial injury to his neck, hips, feet, back, shoulders, knees, angles, sleep, elbows, wrists, and hands while employed by the Los Angeles Avengers and the San Jose Sabercats from February 1, 2001 through May 1, 2003. The Workers' Compensation Appeals Board granted reconsideration and amended the March 22, 2013 Findings and Award and Order, finding liability only as to defendant Los Angeles Avengers pursuant to Labor Code section 5500.5. The Board ordered the State Compensation Insurance Fund, the insurer for defendant Los Angeles Avengers, to administer benefits.

Los Angeles Avengers; San Jose Sabercats; State Compensation Insurance Fund; Zurich North America Michael Scott WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL SCOTT, Applicant,vs.LOS ANGELES AVENGERS; SAN JOSE SABERCATS;STATE COMPENSATION INSURANCE FUND; ZURICHNORTH AMERICA, Defendants.Case No. ADJ7463100 (Van Nuys District Office)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant San Jose Sabercats seeks reconsideration of the March 22, 2013 Findings and Award and Order (FAO), wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a professional football player from February 1, 2001 through May 1, 2003, sustained industrial injury to his cervical spine, lumbar spine, bilateral shoulders, right hand, right ring and small fingers, bilateral thumbs, bilateral hips, bilateral knee, bilateral ankles, bilateral feet, and bilateral great toes. The WCJ issued an award in favor of applicant against both defendants and their insurers, and ordered the State Compensation Insurance Fund (SCIF), the insurer for defendant Los Angeles Avengers, to administer benefits, “subject to right of contribution.” In the accompanying Opinion on Decision, the WCJ clarified that he had found joint and several liability between both defendants.            Defendant San Jose Sabercats contends that the WCJ erred in finding joint and several liability between both defendants.            We have not received an answer from any party. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition for Reconsideration (Petition) be denied. ,             We have considered the Petition for Reconsideration and the contents of the Report, and we have reviewed the record in this matter. For the reasons discussed below, we will grant reconsideration, amend the March 22, 2013 Findings and Award and Order, and otherwise affirm the WCJ.FAC

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