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Chris Hale — ADJ11219024

CHRIS HALE, Applicant vs. BUFFALO BILLS; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE INSURANCE in liquidation; HOUSTON OILERS; TRAVELERS INSURANCE, successor to GULF INSURANCE COMPANY, Defendants

ADJ number
ADJ11219024
Decision date
Nov 15, 2022
District office
Santa Ana
WCJ
—
Claim administrator
California Insurance Guarantee Association (CIGA) for Reliance Insurance in liquidation; Travelers Indemnity Company (successor to Gulf Insurance Company)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: brain, nervous system, psyche

LC §3208.1LC §3600.5LC §4060LC §4061LC §4062.2LC §4064LC §4605LC §5305LC §5405LC §5412LC §5500.5LC §5701LC §5906

Summary

Chris Hale, a former professional football player, claimed cumulative injury to his brain, nervous system, and psyche while employed by the Buffalo Bills, Denver Broncos, and Houston Oilers from 1989 to 1994. The WCJ found that the WCAB had personal and subject matter jurisdiction over the Houston Oilers and Travelers, and that the QME reports of Dr. Halote (neuropsychology) and Dr. Nudleman (neurology) were obtained in violation of Labor Code section 4062.2 and thus inadmissible. Both applicant and Houston Oilers/Travelers sought reconsideration. On reconsideration, the Board affirmed jurisdiction over applicant's entire claim including the Houston Oilers, but amended the F&O to defer the issues of injury AOE/COE, the section 5412 date of injury, and the admissibility of the QME reports, returning the matter to the WCJ for further proceedings including potential development of the record through an AME, QME, or regular physician.

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