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PanelGranted in Part

Piurowski, Paul

PAUL PIUROWSKI, Applicant vs. DALLAS COWBOYS; ACE AMERICAN INSURANCE COMPANY, administered by ESIS; MIAMI DOLPHINS; MULTI-LINE CLAIMS SERVICES, INC.; TAMPA BAY BANDITS; ZENITH INSURANCE COMPANY on behalf of NORTH RIVER INSURANCE COMPANY; SUMMIT CONSULTING LLC on behalf of ASSOCIATED INDUSTRIES OF FLORIDA SELF-INSURERS FUND, Defendants

ADJ number
ADJ8627409
Decision date
Date unavailable
District office
Santa Ana
WCJ
—
Claim administrator
ESIS (administering ACE American Insurance Company); Summit Consulting LLC (administering Associated Industries of Florida Self-Insurers Fund); Multi-Line Claims Services, Inc.; Zenith Insurance Company (on behalf of North River Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: multiple body parts (cumulative trauma as professional football player)

LC §5500.5LC §5909LC §5900LC §5275CCR §10600

Summary

Applicant, a professional football player, alleged a cumulative trauma injury from April 1981 through December 1985 while playing for the Dallas Cowboys, Miami Dolphins, and Tampa Bay Bandits. The Bandits/AIFSIF appeared via Notice of Appearance, asserted a personal jurisdiction objection at the first hearing, but participated in the trial on the merits for nearly two years before filing a Petition to Dismiss in March 2023. The WCJ found AIFSIF waived its personal jurisdiction defense and issued an award against AIFSIF/Summit. The Board affirmed the waiver finding, holding that AIFSIF forfeited its objection by failing to timely litigate the issue while participating on the merits. However, the Board granted reconsideration to defer entry of the award pending further proceedings to resolve insurance coverage and the proper liable party or parties under Labor Code section 5500.5.

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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