RICHARD CYBURT, Applicant vs. SAN FRANCISCO GIANTS; CIGA FOR FREMONT INSURANCE IN LIQUIDATION; MINNESOTA TWINS; TRAVELERS FOR AETNA CASUALTY, Defendants
ADJ number
ADJ14613252
Decision date
Nov 12, 2023
District office
Santa Ana
WCJ
Juan Cervantes
Claim administrator
California Insurance Guarantee Association (CIGA) for Fremont Insurance in Liquidation; Travelers for Aetna Casualty
Commissioners
—
Injury / body parts: cervical spine, lumbar spine, both shoulders, both thumbs, both hips, both knees, head/jaw (TMJ), neck, back, feet, toes, psyche, sleep disorder, hypertension, headaches, insomnia, neurology, ENT, internal, dental, neuropsyche/cognitive
Applicant Richard Cyburt, a former professional baseball player, alleged a cumulative trauma injury during his employment with the San Francisco Giants and Minnesota Twins from June 9, 1977 through June 20, 1979. Applicant obtained medical-legal reporting under former Labor Code section 4062 (pre-SB 899), and the WCJ relied on those reports to award 75 percent permanent disability. CIGA (for Fremont Insurance, insuring the Giants) petitioned for reconsideration, arguing that because the section 5412 date of injury fell after January 1, 2005, the medical-legal procedure of section 4062.2 governed, rendering applicant's reports inadmissible. The Board rejected this argument, holding that for injuries claimed to have occurred before January 1, 2005, former section 4062 provides the applicable procedure, and that no judicial determination of the section 5412 date of injury is required to select the procedure. The Board granted reconsideration solely to correct a clerical error (an 80% versus 75% award discrepancy) and otherwise affirmed the decision.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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