WCPanelIQ
PanelDenied

Michael Decelle — ADJ11318013

MICHAEL DECELLE, Applicant vs. TAMPA BAY RAYS; TRAVELERS INDEMNITY CO. SUCCESSOR IN INTEREST BY MERGER WITH GULF; Defendants

ADJ number
ADJ11318013
Decision date
Aug 18, 2022
District office
Van Nuys
WCJ
Robert Sommer
Claim administrator
Travelers Indemnity Company, successor in interest by merger with Gulf Insurance
Commissioners
—

Injury / body parts: lumbar spine, left shoulder, bilateral knees

LC §5500.5LC §5412LC §5702LC §5275LC §5900LC §5305LC §3600.5LC §3700CCR §10835CCR §10995

Summary

Michael DeCelle, a professional baseball player, claimed a cumulative trauma injury during his employment with the Tampa Bay Devil Rays from June 1, 1996 to September 1, 1999, affecting his lumbar spine, left shoulder, and bilateral knees. The WCJ found injury AOE/COE and awarded temporary disability for the period August 1, 1999 through November 1, 1999, based on the AME report of Larry Danzig, M.D. Travelers Indemnity Co. (successor to Gulf Insurance) sought reconsideration, arguing the WCJ erred in finding liability because applicant was not employed through the last year of exposure under Labor Code section 5500.5 and his TD period was subsequent to his employment. The WCAB denied reconsideration, holding the parties' stipulations to the cumulative injury period and Devil Rays employment were binding, that the section 5500.5 contribution issue was premature because no additional employers had been joined, and that defendant was not aggrieved as to the section 5412/5500.5 issues since no findings were made on them.

Issues

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Holding

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Analysis

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Defense takeaway

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