WCPanelIQ
PanelDenied

Stallworth, David

DAVID STALLWORTH (Dec’d), Applicant vs. WASHINGTON CAPITOLS, WASHINGTON BULLETS and WASHINGTON WIZARDS, CHESAPEAKE EMPLOYERS INSURANCE COMPANY, formerly known as INJURED WORKERS INSURANCE FUND (IWIF) MARYLAND; NEW YORK KNICKS, carrier unknown; PHOENIX SUNS, COPPERPOINT MUTUAL INSURANCE, formerly known as SCF ARIZONA INSURANCE, Defendants

ADJ number
ADJ9082985
Decision date
May 15, 2024
District office
Santa Ana
WCJ
—
Claim administrator
Chesapeake Employers Insurance Company (formerly Injured Workers Insurance Fund/IWIF Maryland); CopperPoint Mutual Insurance (formerly SCF Arizona Insurance)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: head, vision, jaw, neck, back, shoulders, elbows, wrist, hands, fingers, hips, knees, ankles, feet, toes, neuro/psyche, internal, cardiovascular, heart, hypertension, sleep, death

LC §3600.5LC §5305LC §5405LC §5903LC §5952CCR §10605

Summary

David Stallworth, a deceased professional basketball player who played from 1965 to 1975 for the New York Knicks, Baltimore/Washington Bullets, and Phoenix Suns, claimed cumulative trauma and death-related injuries before the California WCAB. The WCJ found that Stallworth's employment contracts were entered into outside California (in New York and Maryland) and that California lacked a legitimate and substantial interest in adjudicating the claim. On reconsideration, the WCAB affirmed, giving greater weight to applicant's own deposition testimony (that he signed contracts in New York and Maryland) over the hearsay testimony of his widow that he signed in California. Applying the Johnson two-part quantitative/qualitative test, the Board found that the roughly 7.47% of games played in California (39 of 522) was insufficient to establish subject matter jurisdiction, and the medical evidence did not show California exposure was greater than elsewhere. The First Amended Findings and Order was affirmed.

Issues

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Holding

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Analysis

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Defense takeaway

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