Smith, Paul, III

Paul Smith III, a professional football player, claimed cumulative trauma injury from July 21, 2000 through April 1, 2008 while employed by the San Francisco 49ers, Detroit Lions, St. Louis Rams, and Denver Broncos. The WCJ found the 49ers' insurers (Fairmont and Travelers) liable, awarded 57% permanent disability, found insufficient contacts to exercise jurisdiction over the out-of-state Detroit Lions and St. Louis Rams, and treated the Denver Broncos (dismissed without prejudice) as an unnecessary party. In its November 18, 2022 decision, the Board increased the award to 75% permanent disability but otherwise affirmed. On reconsideration on its own motion, the Board concluded the WCJ and prior Board failed to consider New York Knickerbockers v. WCAB (Macklin) (2015), which clarified that jurisdiction depends on whether the claim as a whole has a sufficient nexus to California. The Board rescinded both the November 18, 2022 decision and the March 20, 2020 F&A and remanded for the WCJ to revisit liability of all employing teams and to consider re-joining the Denver Broncos.