WCPanelIQ
PanelQMEMed-legalGranted

Parker, Dave

DAVE PARKER, Applicant vs. CALIFORNIA ANGELS aka LOS ANGELES ANGELS; ASSOCIATED INDEMNITY CORPORATION, administered by ALLIANZ RESOLUTION MANAGEMENT; ROGERS BLUE JAYS PARTNERS aka TORONTO BLUE JAYS; CONTINENTAL CASUALTY COMPANY, administered by CNA CLAIMPLUS, INC.; MILWAUKEE BREWERS; NATIONAL UNION FIRE INSURANCE COMPANY, administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number
ADJ13474651
Decision date
Nov 24, 2024
District office
Santa Ana
WCJ
—
Claim administrator
Allianz Resolution Management; CNA ClaimPlus, Inc.; Gallagher Bassett Services, Inc.
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: head, brain, nervous system - stress, nervous system - psychiatric/psych, neurological system (CTE/chronic traumatic encephalopathy)

LC §3600LC §3600.5LC §3202.5LC §3208.1LC §5412LC §4060LC §5701LC §5906LC §5313LC §5909LC §5900CCR §10600

Summary

Professional baseball player Dave Parker settled a prior cumulative trauma claim (ADJ8651899) via Compromise and Release in 2017, covering head, upper extremities, trunk, lower extremities, and multiple parts. In 2020 he filed a new claim (ADJ13474651) alleging injury to brain, nervous system (stress and psych), and neurological conditions. The WCJ found the new claim barred by res judicata because it involved the same employers, similar injuries, and the same body parts. The Appeals Board granted reconsideration, holding that the plain language of the 2017 C&R did not include the brain, psychiatric/stress conditions, or neurological problems aside from Parkinson's, and that defendant presented no medical evidence proving those body parts were settled. The Board rescinded the F&O and returned the matter to the WCJ to develop the record on the new injury claim.

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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