Holmberg, Robert

Robert Holmberg, a professional NFL athlete, claimed a cumulative injury (April 25, 1994 to September 1, 2002) and a specific right-knee injury (August 16, 1998) sustained while playing for multiple teams, including the California-based Oakland Raiders for nearly four years. The WCJ awarded 73% permanent disability, found a section 5412 date of injury of May 22, 2017, and assigned liability under section 5500.5 to the last year of injurious exposure (Carolina Panthers, New England Patriots, and Green Bay Packers), while relieving CIGA of liability because the Patriots and Packers constituted 'other insurance.' The New England Patriots and Green Bay Packers sought reconsideration on due process, personal jurisdiction, a Wisconsin choice-of-law clause, and medical-legal admissibility grounds. The Board affirmed the F&A, holding California had subject matter jurisdiction based on the California hiring and four years of regular employment with the Raiders, that the Packers waived personal jurisdiction by general appearance and participation in discovery, that the Wisconsin choice-of-law clause was unenforceable as contrary to California public policy, and that pre-2005 medical-legal reporting under former section 4062 was properly admitted. The Board declined to decide which carrier must administer the claim because the issue was not raised or decided at trial, leaving it open for a future hearing.