SEAN SHOFFIT, Applicant vs. ROGERS BLUE JAYS BASEBALL PARTNERSHIP; ACE AMERICAN INSURANCE COMPANY, ADMINISTERED BY SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants
ADJ number
ADJ12133512
Decision date
Aug 21, 2023
District office
Santa Ana
WCJ
David H. Parker
Claim administrator
Sedgwick Claims Management Services, Inc. (administering for ACE American Insurance Company)
Commissioners
—
Injury / body parts: neck, back, psyche, head, neurological system, neuropsyche, shoulders, elbows, hands, hips, feet, legs, internal systems
LC §5001LC §5404LC §5405LC §5412
Summary
Sean Shoffit, a former professional baseball player for the Toronto Blue Jays (Rogers Blue Jays Baseball Partnership), filed consolidated California cumulative trauma claims for injuries to his neck, back, psyche and other body parts during a 2005-2012 playing career. Defendant, specially appearing and denying jurisdiction, argued the claims were time-barred under Labor Code sections 5404 and 5405 and barred by res judicata/collateral estoppel based on a 2014 Florida workers' compensation settlement. The WCJ found applicant credible and determined that the general California workers' compensation notices provided were insufficient to give applicant actual knowledge of his right to file a cumulative trauma claim in California, and that the Florida settlement was not 'actually litigated' for preclusion purposes. The WCAB adopted the WCJ's report and denied reconsideration, holding the claims were not barred by the statute of limitations or by res judicata/collateral estoppel.
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.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.