WCPanelIQ
PanelGranted

Nokes, Matt

MATT NOKES, Applicant vs. JOILET JACKHAMMERS; LIBERTY MUTUAL INSURANCE COMPANY; SCHAUMBERG FLYERS; UNITED STATES FIDELITY AND GUARANTY INSURANCE COMPANY; CLEVELAND INDIANS, Permissibly Self-Insured, Defendants

ADJ number
ADJ9145976
Decision date
Apr 27, 2025
District office
Santa Ana
WCJ
G. Ronald Feenberg, Arbitrator
Claim administrator
Liberty Mutual Insurance Company; United States Fidelity and Guaranty Insurance Company; Cleveland Indians (Permissibly Self-Insured)
Commissioners
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LC §5313LC §5909LC §5900LC §3600.5

Summary

Applicant Matt Nokes, a former professional baseball player, sought workers' compensation benefits in California based on a contract of hire. The dispute centered on whether the United States Fidelity and Guaranty (USF&G) insurance policy issued to the Schaumberg Flyers provided coverage for Nokes in California during his 2001 employment. The Arbitrator's January 16, 2025 Supplemental Findings and Order was challenged by defendant Cleveland Guardians (formerly Cleveland Indians) on reconsideration. The Arbitrator filed a Report recommending the Board amend and modify his decision, conceding he had misapplied the term 'You' in the policy to the applicant rather than the employer. The Appeals Board granted reconsideration, rescinded the Supplemental Findings and Order, and returned the matter to the Arbitrator for further proceedings and a new decision that complies with Labor Code section 5313's requirement to state the evidence relied upon and the reasons for the decision, including the change of opinion.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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