WCPanelIQ
PanelGranted

Lapin, Brian

BRIAN LAPIN, Applicant vs. COLORADO ROCKIES and ACE AMERICAN INSURANCE COMPANY administered by SEDGWICK RIVERSIDE; THE TRAVERSE CITY BEACH BUMS; LIBERTY MUTUAL INSURANCE COMPANY, Defendants

ADJ number
ADJ10874015
Decision date
Sep 12, 2024
District office
Van Nuys
WCJ
G. Ronald Feenberg (Arbitrator)
Claim administrator
Sedgwick Riverside (administering ACE American Insurance Company for Colorado Rockies); Liberty Mutual Insurance Company (for Traverse City Beach Bums)
Commissioners
—
LC §5305LC §3600.5LC §5900LC §5903LC §5909LC §5950LC §5901LC §5952LC §5313CCR §10605CCR §10600CCR §10940CCR §10615CCR §10995CCR §10205CCR §10914CCR §10782

Summary

Applicant Brian Lapin, a former professional baseball player, signed both his Colorado Rockies and Traverse City Beach Bums contracts in California, conferring WCAB jurisdiction under Labor Code sections 5305 and 3600.5(a). The sole arbitrated issue was whether Liberty Mutual Insurance Company's policy issued to the Beach Bums (a Michigan independent league team) provided coverage in California through its 'Residual Market Limited Other States Insurance' endorsement. The arbitrator found coverage existed because all three endorsement conditions were met and because Lapin performed temporary work (workouts pursuant to the contract's 'Loyalty' clause) in California. The Appeals Board granted reconsideration, addressed a procedural Shipley/section 5909 timeliness issue caused by district office delay in transmitting the file, and ultimately affirmed the arbitrator's Findings of Fact, adopting the Opinion on Decision and Report. The decision determined only insurance coverage/duty to defend, not whether an industrial injury occurred.

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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