WCPanelIQ
PanelGranted in Part

Solis, Heriberto

HERIBERTO SOLIS, Applicant vs. KANSAS CITY ROYALS; ACE AMERICAN INSURANCE COMPANY/CHUBB, administered by GALLAGHER BASSETT and SEDGWICK CMS; WINDY CITY THUNDERBOLTS; VIRGINIA SURETY COMPANY, administered by SEDGWICK CMS, Defendants

ADJ number
ADJ16588373
Decision date
Date unavailable
District office
Santa Ana
WCJ
—
Claim administrator
Gallagher Bassett and Sedgwick CMS (for ACE American Insurance Company/Chubb); Sedgwick CMS (for Virginia Surety Company)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: head, neck, legs, psyche, multiple body parts

LC §5500.5LC §5900LC §5902LC §5903LC §5502CCR §10955

Summary

Heriberto Solis, a professional baseball player, claimed cumulative injury during employment with the Kansas City Royals and Windy City Thunderbolts between 2003 and 2006. The WCJ found that the Thunderbolts had not waived their personal jurisdiction defense, that the court lacked personal jurisdiction over the Thunderbolts, that applicant's section 5500.5 election was inappropriate, and that the record required further development to determine personal jurisdiction over the Royals. The Royals petitioned for reconsideration, arguing the Thunderbolts waived their jurisdiction defense by making general appearances and that the Royals were denied due process. The Appeals Board granted reconsideration, rescinded the F&O, and substituted a finding that the Thunderbolts waived the personal jurisdiction defense by making a general appearance (filing a Notice of Representation without special appearance and requesting a continuance). The Board affirmed the WCJ's determination that record development was necessary regarding the Royals, applying the removal standard to that interlocutory issue, and left undisturbed the finding that the 5500.5 election was inappropriate.

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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