07 Jun 2016

Split Panel Finds Pro Baseball Player’s Cumulative Injury Claim Barred by Statute of Limitations: Cal. Comp. Cases June Advanced Postings (6/6/2016)

Here’s the latest batch of advanced postings for the June 2016 issue of Cal. Comp. Cases.

Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

Leo Estrella, Petitioner v. Workers' Compensation Appeals Board, Milwaukee Brewers, San Francisco Giants, ACE USA, Respondents, lexis.com, Lexis Advance

Statute of Limitations—Cumulative Injuries—Professional Athletes—WCAB, in split panel decision, affirmed WCJ’s finding that applicant professional baseball pitcher’s 2013 claim against defendants Milwaukee Brewers and San Francisco Giants for cumulative injury during period 6/1/93 through 2004, was barred by one-year statute of limitations in Labor Code § 5405, when WCAB panel majority found that applicant knew or should have known of his right to file workers’ compensation claim and suffered disability for purposes of Labor Code § 5412 date of injury more than one year before claim was filed, based on evidence that…

Pamela Mascorro, Petitioner v. Workers' Compensation Appeals Board, Ross Dress for Less, ACE Insurance Company, adjusted by Sedgwick Claims, lexis.com, Lexis Advance

Petitions for Removal—Identity of Parties—Dismissal of Party Defendant—WCAB denied applicant’s petition to remove case to itself related to applicant’s 10/22/2009 industrial injury, in which applicant sought dismissal of one corporation as party defendant, so as to leave…