WCPanelIQ
PanelMed-legalGranted

Bibby, Charlie

CHARLIE BIBBY, Applicant vs. NEW JERSEY NETS; NEW JERSEY MANUFACTURERS INSURANCE COMPANY; PHILADELPHIA 76ers, permissibly self-insured; LANCASTER LIGHTNING; LOS ANGELES CLIPPERS formerly known as SAN DIEGO CLIPPERS; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE, in liquidation, Defendants

ADJ number
ADJ8809936
Decision date
Jun 20, 2024
District office
Santa Ana
WCJ
—
Claim administrator
New Jersey Manufacturers Insurance Company (NJMIC); California Insurance Guarantee Association (CIGA) for Fremont Insurance, in liquidation
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: lumbar spine, cervical spine, bilateral fingers, bilateral wrists, bilateral shoulders, bilateral hips, bilateral knees, bilateral feet/ankles, internal, psyche

LC §3202LC §3208.3LC §3600.5LC §4658LC §4660LC §4660.1LC §5300LC §5301LC §5305LC §5313LC §5405LC §5412LC §5500.5LC §5803LC §5901LC §5907LC §5908LC §5908.5LC §5950

Summary

Charlie Bibby, a professional basketball player, claimed a cumulative trauma injury (July 1, 1972 to April 7, 1982) to numerous body parts and psyche. The WCJ found WCAB had subject matter and personal jurisdiction over NJMIC/New Jersey Nets, that the claim was not barred by Labor Code section 5405, that the section 5412 date of injury was March 13, 2013, that liability rested with the San Diego Clippers and New Jersey Nets, that CIGA was relieved of liability because NJMIC constituted 'other insurance,' and awarded 92% permanent disability with future medical care. NJMIC sought reconsideration raising due process, jurisdiction, statutory liability, substantial medical evidence, the section 4660.1 psychiatric bar, and the scope of the cumulative trauma period. The Appeals Board granted reconsideration to allow further study, deferring a final decision and signaling that further development of the record on the psychiatric injury and other issues may be needed.

Issues

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Holding

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Analysis

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