Matthews, Wes

Wes Matthews, a professional basketball player who competed from 1980 through 1996 across the NBA, CBA, and overseas leagues, filed a California cumulative trauma claim. The WCJ found subject matter jurisdiction existed because Matthews played for the Los Angeles Lakers during the CT period, and found that liability under Labor Code section 5500.5 rested with the Rapid City Thrillers, who made general appearances, admitted California coverage through their carrier (Allianz/formerly Fireman's Fund), and settled by Compromise and Release. The WCJ found applicant could not proceed against the Tulsa Fast Breakers, whose employment fell outside the one-year liability window of section 5500.5. Applicant argued no personal jurisdiction existed over the Rapid City Thrillers and that they were uninsured, so liability should fall back to Tulsa. The Board rejected these arguments, holding that the Rapid City Thrillers waived personal jurisdiction by general appearance and C&R, and that admitted insurance coverage defeated any coverage dispute or arbitration claim. The Board affirmed the June 11, 2019 F&O.