WCPanelIQ
PanelGranted

Moore, Evan

EVAN MOORE, Applicant vs. CLEVELAND BROWNS, permissibly self-insured; SEATTLE SEAHAWKS, permissibly self-insured c/o CCMSI; PHILADELPHIA EAGLES and GREEN BAY PACKERS, GREAT DIVIDE INSURANCE COMPANY c/o BERKLEY ENTERTAINMENT, Defendants

ADJ number
ADJ9095473
Decision date
May 30, 2024
District office
Anaheim
WCJ
—
Claim administrator
CCMSI (for Seattle Seahawks); Berkley Entertainment (c/o Great Divide Insurance Company for Philadelphia Eagles and Green Bay Packers)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, PATRICIA A. GARCIA, DEPUTY COMMISSIONER

Injury / body parts: orthopedic, head, neck, spine, hips, upper extremities, lower extremities, neurological system, internal systems

LC §3600.5LC §5305LC §5313LC §5950CCR §10800CCR §10605CCR §10964

Summary

Evan Moore, a professional athlete, claims cumulative industrial injury to multiple body parts during his employment from May 22, 2008 to April 29, 2013. After trial on February 13, 2024, the WCJ found that applicant formed a contract of hire with the Green Bay Packers within California's territorial jurisdiction, thereby conferring California subject matter jurisdiction under Labor Code sections 3600.5 and 5305. Defendant Great Divide Insurance Company petitioned for reconsideration, arguing no substantial evidence supported the California contract finding, that applicant's contract advisor lacked legal authority to bind him, and that defendant was denied due process when its trial transcript request was denied. The Board granted reconsideration not to decide the merits but to order that the February 13, 2024 trial proceedings be transcribed under WCAB Rule 10800, given the importance of applicant's testimony and the factually intensive jurisdictional inquiry. The Board deferred a final decision pending receipt of the transcript and supplemental pleadings.

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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