WCPanelIQ
PanelDenied

House, Davon

DAVON HOUSE, Applicant vs. GREEN BAY PACKERS; GREAT DIVIDE INSURANCE COMPANY, administered by BERKLEY ENTERTAINMENT, Defendants

ADJ number
ADJ15657256
Decision date
Sep 14, 2023
District office
Santa Ana
WCJ
Laura Mendivel
Claim administrator
Berkley Entertainment (administering Great Divide Insurance Company)
Commissioners
—

Injury / body parts: head, neck, shoulders, elbows, back, hands, wrists, fingers, hips, knees, ankles, feet, toes, neurological, internal, psychiatric, chronic pain, sleep

LC §5305

Summary

Davon House, a professional football player and California resident, claimed cumulative injuries from his NFL career (2011-2019) playing for the Green Bay Packers and Jacksonville Jaguars. The sole trial issue was whether California's WCAB had subject matter jurisdiction over the claim under Labor Code section 5305. The WCJ found that House was a California resident at the time of injury and that an oral contract of hire was formed in California during a draft-day telephone call with Coach Mike McCarthy, confirmed by a faxed tender letter. Defendants petitioned for reconsideration, arguing federal preemption and reliance on the McKinley choice-of-law decision. The Board adopted and incorporated the WCJ's report and opinion and denied reconsideration.

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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