WCPanelIQ
PanelGranted

Matthew Ware — ADJ13302605, ADJ15813943

MATTHEW WARE, Applicant vs. ARIZONA CARDINALS FOOTBALL CLUB, LLC; GREAT DIVIDE INSURANCE COMPANY C/O BERKLEY ENTERTAINMENT, Defendants

ADJ number
ADJ13302605, ADJ15813943
Decision date
Mar 6, 2023
District office
Santa Ana
WCJ
—
Claim administrator
Berkley Entertainment (claims administrator for Great Divide Insurance Company)
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5502CCR §10787

Summary

Defendant Arizona Cardinals (specially appearing to contest jurisdiction) filed a DOR requesting a bifurcated trial limited to the threshold issue of California subject matter and personal jurisdiction. At the August 31, 2022 MSC, applicant—despite having objected that trial was premature pending discovery—advocated for trial on all issues, and the WCJ set the matter for an MSC on all issues over defense objection. Defendant petitioned for removal, arguing bifurcation was warranted to avoid unnecessary litigation costs and medical expenses. The WCAB granted the petition, finding good cause to bifurcate under Cal. Code Regs. tit. 8, § 10787(a) and the constitutional mandate for expeditious, inexpensive resolution. The Board rescinded the order setting the matter on all issues and returned it with instructions to set the matter for trial limited to subject matter and personal jurisdiction.

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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