WCPanelIQ
PanelGranted

Lincoln, Michael

MICHAEL LINCOLN, Applicant vs. CINCINNATI REDS and ST. LOUIS CARDINALS, ACE AMERICAN INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.; PITTSBURG PIRATES, TRAVELERS INDEMNITY COMPANY, successor in interest by merger to GULF INSURANCE COMPANY; PITTSBURG PIRATES, FAIRMONT INSURANCE, administered by ZENITH INSURANCE COMPANY, Defendants

ADJ number
ADJ10630875
Decision date
Date unavailable
District office
Anaheim
WCJ
—
Claim administrator
Sedgwick Claims Management Services, Inc. (administering for ACE American Insurance Company); Zenith Insurance Company (administering for Fairmont Insurance)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: left shoulder, right elbow, lumbar spine, cervical spine, both knees, both ankles

LC §3202LC §3202.5LC §3208.1LC §3600.5LC §5305LC §5405LC §5412LC §5500.5LC §5705

Summary

Professional baseball pitcher Michael Lincoln filed cumulative trauma claims in 2016 alleging injuries from his playing career. The WCJ found two separate cumulative trauma injuries (February 1999-May 2004 with the Cardinals/Pirates, and February 2008-November 2010 with the Reds), found California jurisdiction, awarded temporary and permanent disability, and rejected statute of limitations defenses. Travelers and Ace sought reconsideration challenging the failure to appoint an administrator, the substantiality of Dr. Wood's reports, the exposure end date, subject matter jurisdiction, temporary disability entitlement, and the statute of limitations. The Board granted reconsideration and affirmed the award in all respects, amending only to formally find the Labor Code section 5412 date of injury in ADJ15700993 to be November 2, 2016. The Board reasoned that applicant did not know he could file a California claim until 2016, making his claim timely, and that the contract of hire was made in California, conferring jurisdiction.

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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