Mickens, William

Applicant William Mickens, a former professional football player, filed a cumulative trauma claim against the Cleveland Browns, New England Patriots, and New York Jets for injuries sustained from 1996 to 2007. The Browns and Patriots were previously dismissed with prejudice based on a stipulation arising from out-of-state NFL litigation. On October 17, 2018, the WCJ rejoined the Browns and Patriots under Labor Code section 5703.5(b), finding them necessary parties for deciding California jurisdiction, without giving them an opportunity to be heard. The Board found the rejoinder order was non-final and treated the petition as one for removal. The Board held the WCJ violated the dismissed parties' due process rights by rejoining them without allowing a special appearance to contest joinder, and rescinded the order, returning the matter to the trial level for further proceedings.