WCPanelIQ
PanelGranted

Otto Stowe — ADJ9093456, ADJ9996406, ADJ9996405

OTTO STOWE, Applicant vs. DALLAS COWBOYS; DENVER BRONCOS; LOS ANGELES RAMS; TRAVELERS; CIGA, Defendants

ADJ number
ADJ9093456, ADJ9996406, ADJ9996405
Decision date
Jan 18, 2023
District office
Santa Ana
WCJ
—
Claim administrator
Travelers; CIGA
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5500.5LC §5408LC §5307.5

Summary

Applicant Otto Stowe, a professional football player with cumulative trauma claims against multiple NFL teams, sought removal of a January 25, 2022 WCJ Order that set the matter for trial, refused to allow an election against a defendant under Labor Code section 5500.5, and refused to admit evidence or hold a trial on applicant's petition to appoint a guardian ad litem. Applicant argued he was prejudiced by the denial of election and by the WCJ's refusal to address his competence and guardian ad litem petition. The Board held that a determination of applicant's competence must be made before proceeding further, because a minor or incompetent worker must appear through a guardian ad litem or conservator. The Board granted removal, rescinded the January 25, 2022 Order, and returned the matter to the trial level for a hearing on whether applicant needs a guardian and to appoint one if necessary.

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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